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Law.com

Connecticut Appeals Court Finds Deutsche Bank Claim of $300 Million Debt Barred by Litigation Privilege

"In light of our Supreme Court's holding in Rioux [v. Barry], it is clear that the trial court's judgment cannot stand," said Clark. "The trial court's conclusion that the litigation privilege does not apply to the plaintiff's tortious interference claim because it is more 'akin to claims for vexatious litigation, abuse of process and malicious prosecution' is in direct conflict with our Supreme Court's decision in Rioux."
5 minute read

Law.com

Lawsuit Over Customer's Off-Premises Assault Allowed to Proceed Against Convenience Store

"The question of whether Mac's Convenience ultimately bears liability for the off-premises assault in this case will be answered not through the duty prong of the negligence analysis," said Levy, "but under the fact-based inquiry of whether Castonguay can demonstrate that the duty was breached and that the breach was a proximate cause of Castonguay's injuries."
4 minute read

Law.com

Court: Massachusetts Law Applies to Loss-of-Consortium Claims Stemming From New Hampshire Crash

"Here, the tire installation and accident—both of which occurred in New Hampshire—were the last events creating potential liability to VIP for negligence and loss-of-consortium claims. Therefore, the presumption is that New Hampshire law applies," Judge Angel Kelley wrote.
4 minute read

Corporate Counsel

'Legal Departments Should Care About Justice': Why Liberty Mutual's CLO Values His In-House Leader Role

"Part of the legal department's role is helping the company exhibit and keep its values as a company," says Damon Hart, CLO of Liberty Mutual Insurance.
9 minute read

Law.com

Grubhub Delivery Drivers Are Not Exempt From Arbitration, Massachusetts High Court Says

"It is instructive that, on nearly identical facts to those in the present case," Justice Dalila Argaez Wendlandt stated, citing 'Wallace v. Grubhub,' "the United States Court of Appeals for the Seventh Circuit concluded that Grubhub drivers were 'transportation workers,' but not engaged in interstate commerce as required by the residual clause."
5 minute read

Law.com

'Losing His Job or Losing His God': Plaintiff's Religious Discrimination Case Over Beard Length Allowed to Proceed

"There are several facts in the record that speak to whether plaintiff was fired because of his religious practice or his refusal to trim his beard," U.S. District Judge Julie R. Rubin wrote. "The weight and credibility of those facts are best determined by a fact finder. Importantly, plaintiff raises the fact that Walden never prepared to utilize, or actually utilized, the N95 masks that served as the basis for requiring plaintiff to trim his beard to one-quarter inch. The fact finder must evaluate the credibility of Walden's claims that it had a legitimate purpose for terminating plaintiff."
5 minute read

Law.com

Judge Reduces Attorney Fees for 'Partial Success' in State Election Law Challenge

"Based on my review of other attorney's fee awards in this district over the past several years, adjusted to reflect the cost of legal services in the winter of 2021 (when the bulk of the work in this case occurred), these fee strike me as appropriate for experienced counsel. Accordingly, the fee award will be calculated using the secretary's proposed rates," wrote U.S. District Judge Lance E. Walker of the District of Maine.
4 minute read

Law.com

Mishandled $2K Retainer Results in Suspension for Attorney

A Massachusetts attorney was suspended for one year and one day after accepting a $2,000 retainer to handle a landlord-tenant lawsuit and failing to file the complaint.
3 minute read

Law.com

State Appellate Court: Attorney Convicted of Embezzlement Had No 'Traditional and Customary' Fiduciary Duty to Lender

The Maryland Court of Special Appeals recently upheld the Client Protection Fund trustees' denial of a man's initial $3.1 million claim for misappropriated funds, finding an attorney who was convicted of embezzling the money was not acting in fiduciary capacity that is "traditional and customary in the practice of law in Maryland."
5 minute read

Law.com

Judge Allows Title IX Retaliation, Breach-of-Contract Claims Against University of New England to Go Forward

A district court judge is allowing claims of Title IX retaliation and breach of contract to continue in a former student's lawsuit alleging that the University of New England wrongly portrayed him as a threat on campus following his complaint of unwanted sexual advances from a professor.
5 minute read

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