Lawsuits

By - 5/9/14 - 11:11 am

The Supreme Judicial Court ruled today that the phrase "under God" in the Pledge of Allegiance doesn't violate the First Amendment rights of non-believers in part because its origins are in Cold War patriotism, not religion - and in part because nobody in Massachusetts can be forced to recite it.

The state's highest court's ruling comes in the case of an atheist Acton couple who... Read more

By - 5/8/14 - 9:12 am

A federal appeals court ruled yesterday that several black employees of the Boston Police Department who tested positive for cocaine use offered enough proof the tests might have been racially discriminatory to warrant a closer inspection by a judge or jury.

A lower court judge had basically tossed the entire case. The US Court of Appeals for the First Circuit in Boston said the numbers... Read more

By - 5/1/14 - 1:12 pm

On Monday, the Supreme Judicial Court hears arguments on whether it should order the state to allow a referendum this fall to repeal casino gambling.

Attorney General Martha Coakley declined to permit the question on the ballot, saying it would be an illegal "taking" of private property - in this case, the rights casino operators would gain if awarded contracts to run casinos - and... Read more

By - 4/29/14 - 11:49 am

A weary Massachusetts Appeals Court ruled today that publisher Jane Daniel does not have to pay Misha Defonseca $22.5 million for bungling a book deal for Defonseca's story of being raised by wolves and killing a Nazi soldier after her Jewish parents were taken away from her and murdered during World War II.

However, Daniel still has to pay Vera Lee - her neighbor... Read more

By - 4/25/14 - 10:48 am

The Massachusetts Appeals Court ruled today that the owners of a German Shepherd have to pay the $8,000 veterinary bill incurred by the owners of the tiny bichon frise their pet ripped up in Newton in 2008.

The large-breed owners argued that state law should have limited their liability to the "replacement cost" of the smaller dog, which they said was far less than... Read more

By - 4/23/14 - 9:42 am

WBUR reports the owner of 298 Beacon St. is suing the welders who allegedly started the fire that killed two Boston firefighters and the owner of 296 Beacon, where they were working.

By - 4/19/14 - 12:34 pm

John Maraganore, CEO of Alnylam in Cambridge, is suing a Maryland biotech company for allegedly eliminating the stock options he got while serving on its board of directors before it went public.

In his suit against MacroGenics, filed yesterday in US District Court in Boston, Marganore says MacroGenics's CEO told him his stock options would not expire until 2016 when he stepped down... Read more

By - 4/19/14 - 11:49 am
Wide Wheeler

Reach the Beach, which sells wheeled contraptions for getting your beach stuff from the parking lot to the sand, is suing Sam's Club for selling what it says is a patent-infringing, trademark-ruining knockoff.

In its lawsuit, filed yesterday in US District Court in Boston, Reach the Beach accuses the wholesale club and one of its importer of devaluing the value of its Wonder Wheeler... Read more

By - 4/16/14 - 9:44 am
Maidenform

A pair of Massachusetts women are suing two "shapeware" makers, saying they were mightily put out, both monetarily and physically, when the allegedly nutrient-infused underwear they bought did not actually burn their fat or improve their skin tone.

In their suit, filed this week in US District Court in Boston, Annique Bellot and Tara Stefani are seeking more than $5 million in damages for themselves... Read more

By - 4/10/14 - 11:09 am

To a layman, the case might sound simple: A guy climbs stairs to his apartment, but leans on the guardrail, which breaks and sends him plummeting to pavement below, resulting in serious injuries - and a lawsuit against his landlords.

But in a decision today, the state Supreme Judicial Court ruled his landlords are not liable for his injuries under a state law mandating compliance... Read more

By - 4/3/14 - 11:37 am
Old North Church

The Massachusetts Appeals Court ruled today that the group that runs free tours of Old North Church is not liable for the injuries a Georgia tourist suffered when she tripped on a pew riser in 2006, because it's covered under a state law that exempts sites that offer free access or tours from injury liability.

In her lawsuit, Linda Patterson argued that the tour... Read more

By - 3/31/14 - 5:28 pm

A Saudi citizen currently living in Revere is suing conservative radio host Glenn Beck, alleging Beck kept identifying him as the financial backer of the Marathon bombings long after federal officials decided he had nothing to do with them - except to be injured when the bombs went off.

In a libel lawsuit filed last week in US District Court in Boston, Abdulrahman Alharbi says... Read more

By - 3/27/14 - 11:11 am

In unusually harsh language, the Massachusetts Appeals Court today ordered the Boston Housing Authority to restore the Section 8 housing voucher of a man who physically could not have attended hearings it held on his case because he was in jail at the time.

The court found the authority violated its own regulations for how to hold hearings and misled Melvin Furtick on whether he... Read more

By - 3/26/14 - 11:04 am

The Supreme Judicial Court says the state can't expand its online database of sex offenders with the names of "Level 2" offenders convicted before the governor signed a law to add information on such offenders to the system last year.

In a ruling today, the state's highest court said that adding existing Level 2 offenders to the database - which until last year only listed... Read more

By - 3/25/14 - 10:55 am

The Supreme Judicial Court today dismissed a lawsuit by the town of Hanover against a union that helped finance a lawsuit against the town over construction of a new high school.

The state's highest court ruled that the New England Regional Council of Carpenters has protection under a state law against lawsuits aimed at quashing citizens' First Amendment rights to seek government action to... Read more

By - 3/17/14 - 3:29 pm

For the second time in three months, a federal judge has said the company that manages advertising for the T did nothing to violate the First Amendment in rejecting an ad from a New Hampshire group that compares Palestinians to savages.

Only this time, Judge Nathaniel Gorton signaled he's getting a little sick of the American Freedom Defense Initiative, which sued the T a second... Read more

By - 3/12/14 - 8:30 pm

Two doctors who did their residency at Children's Hospital say the hospital owes them and hundreds of other doctors thousands of dollars apiece in improperly withheld taxes between 1995 and 2005.

In a lawsuit filed last week in Suffolk Superior Court, Dr. Danette Colella, now in practice on the South Shore, and Dr. Cara Barone, now in practice in California, say the problem is not... Read more

By - 3/8/14 - 3:22 pm

A federal appeals court yesterday rejected a lawsuit by several animal-rights activists seeking to overturn a federal law aimed at terrorism against companies that use animals because mere fear of possible prosecution under the law is just not enough.

In its ruling, the US Court of Appeals for the First Circuit in Boston said this means the e five activists have no standing to sue... Read more

By - 3/5/14 - 8:07 am

A Dorchester woman has gotten so sick of what she says are incessant calls from a debt-collection company over some other woman's debts that she's sued to make the calls stop.

In a lawsuit filed yesterday in US District Court in Boston, the woman says that even if she were the person who owes money, the repeated calls from Federal Bond and Collection Service, Inc.... Read more

By - 2/28/14 - 9:45 am

In a lawsuit filed this week in US District Court in Boston, Derrick Sims alleges that Hangtime barraged him and other innocent phone users with large numbers of bogus text messages to try to get them to download its friend-connecting app:

Over the course of an extended period of time beginning in at least 2013, Defendant and its agents directed the mass transmission of

... Read more

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