ArticleAppellate Preservation And Summary JudgmentThe necessity of preserving issues for appeal can be a trap for the unwary, leaving litigants without recourse if they fail to take proper steps to preserve a particular argument.United StatesLitigation, Mediation & ArbitrationPierce Atwood LLP
ArticleBeware The Appeal Deadline, Part 2: Motions To Amend A Judgment V. Motions For Relief From JudgmentIn Board of Overseers v. Brown, the Law Court addressed the timeliness of an appeal following a "motion for clarification" of a judgment. In doing so, the Law Court drew an interesting...United StatesLitigation, Mediation & ArbitrationPierce Atwood LLP
ArticleCAFA Jurisdiction And Pleading Consumer InjuryIn a case that sheds some light on how the court handles allegations of subject matter jurisdiction under the Class Action Fairness Act, the First Circuit on May 4th reversed the dismissal of a class action complaint asserting claims of anticompetitive acts.United StatesLitigation, Mediation & ArbitrationPierce Atwood LLP
ArticleDistrict Of Maine Weighs In On Wal-Mart And CAFA JurisdictionJust before the holidays, Judge Singal issued an order de-certifying a class in Loef v. First American Title Insurance Company. United StatesLitigation, Mediation & ArbitrationPierce Atwood LLP
ArticleGenesis Healthcare Corp. v. Symczyk: A Victory For Employers As Far As It GoesYesterday, the United States Supreme Court issued a much anticipated decision in the case of Genesis Healthcare Corporation v. Laura Symczyk. United StatesLitigation, Mediation & ArbitrationPierce Atwood LLP
ArticleNew England Cybersecurity And Data Privacy Class Action Filings Soar In 2023Earlier in 2023, we launched our New England and First Circuit Class Action Tracker, as a tool to analyze class action litigation trends in Massachusetts, Maine, New Hampshire, and Rhode Island.United StatesLitigation, Mediation & ArbitrationPierce Atwood LLP
ArticleSlowing The Spread Of Litigation: An Update On First Circuit COVID-19 Tuition Refund Class ActionsEarlier this month, Boston University prevailed in one of the few surviving Boston-based COVID-19 tuition refund class action suits. The U.S. District Court in Boston granted BU's Motion for Summary Judgment...United StatesLitigation, Mediation & ArbitrationPierce Atwood LLP
ArticleStaying Put: Supreme Court Holds That District Courts Must Stay Proceedings Pending Arbitration AppealsOn June 23, 2023, in Coinbase, Inc. v. Bielski, the Supreme Court resolved a deeply divided circuit court split and ruled that a district court must stay its proceedings...United StatesLitigation, Mediation & ArbitrationPierce Atwood LLP
ArticleSupreme Court Hears Oral Argument On Article III Standing Of Testers To Bring ADA Website Accessibility Class ActionsEarlier this week, the Supreme Court heard oral argument in Acheson Hotels, LLC v. Laufer, a case that we have summarized in prior blog posts. United StatesLitigation, Mediation & ArbitrationPierce Atwood LLP
ArticleYou Should Be Respectful (But You Don't Have To Be)In an interesting parallel to the developments in the Maine Law Court that indicate a revival of state constitutional interpretation, the Massachusetts Supreme Judicial Court issued a noteworthy...United StatesLitigation, Mediation & ArbitrationPierce Atwood LLP
ArticleChat With Caution: The Growing Data Privacy Compliance And Litigation Risk Of ChatbotsIn a new wave of privacy litigation, plaintiffs have recently filed dozens of class action lawsuits in state and federal courts, primarily in California, seeking damages for alleged...United StatesPrivacyPierce Atwood LLP
ArticleFirst Circuit Offers Lessons To Businesses Facing Cybersecurity Incidents And Class Action Litigation RiskIn Webb v. Injured Workers Pharmacy, LLC, the First Circuit recently reversed a lower court's dismissal of class action claims brought by former pharmacy patients alleging that their sensitive...United StatesPrivacyPierce Atwood LLP
ArticleRhode Island Supreme Court Discharges Surety's Performance Bond Obligations On RI Bridge ProjectThe Rhode Island Department of Transportation (RIDOT) filed a third-party lawsuit against a contractor's performance bond surety ("Surety")...United StatesReal Estate and ConstructionPierce Atwood LLP
ArticleLong-Awaited Tax Package Provides Some Relief From Archaic Massachusetts Estate Tax LawsOn October 4, 2023, Massachusetts Governor Maura Healey signed a historic tax relief package titled, "An Act to improve the Commonwealth's competitiveness, affordability, and equity."United StatesTaxPierce Atwood LLP
ArticleDOMA UndoneSigned into law in 1996, the Defense of Marriage Act, known as DOMA, defined "marriage" for purposes of federal law as a union between one man and one woman as husband and wife, and "spouse" as a person of the opposite sex.United StatesFamily and MatrimonialPierce Atwood LLP
ArticleGovernor’s Veto Count Continues To Climb; Tension Growing As The End Of The Legislative Session Draws Near; Omnibus Energy Bill Closely Examined In Committee (Under The Dome: Inside The Maine State House 5/24/03)A weekly update that provides a high-level overview of recent activity at the Maine State House. United StatesGovernment, Public SectorPierce Atwood LLP
ArticleA Question Of BalanceA few weeks ago I read a blog post by a contributor to Forbes, expressing concern that the Supreme Court is "trying to impose substantial restrictions on class actions." United StatesLitigation, Mediation & ArbitrationPierce Atwood LLP
ArticleThe National Institute On Class Actions: Rule 23 And Its DiscontentsThis week I had the privilege of serving as a panelist at the ABA's 16th Annual National Institute on Class Actions. United StatesLitigation, Mediation & ArbitrationPierce Atwood LLP
ArticleEnforcing U.S. Consumer Data Privacy Laws Part 2: State Attorney General EnforcementIn this second installment, we focus on the role of state attorneys general in enforcing U.S. consumer data privacy laws. For our most recent previous article, click here.United StatesPrivacyPierce Atwood LLP
ArticleSpring-Like Weather Brings Slight Thaw To Governor’s Veto Threat; Appropriations Wraps First Week Of Budget Hearings; Workforce Development Committee Draft Bill Available (Under the Dome: Inside the Maine State House 3.15.13)Weekly update that provides a high-level overview of recent activity at the Maine State House.United StatesGovernment, Public SectorPierce Atwood LLP