Lawsuits

By - 12/1/12 - 12:36 pm

Kerr Leathers, which suffered a warehouse fire in 2010, says two insurance companies re-sold the damaged helmets they took as new - potentially endangering customers and competing against the company with its own products.

In a multi-million-dollar lawsuit filed yesterday in U.S. District Court, Kerr alleges that while it gave permission to Zurich North America and Farmers Insurance to take possession of the helmets as... Read more

By - 11/28/12 - 8:00 am

When a trademark group representing professional sports leagues demanded Stephen Sirabella stop selling reproductions of championship rings, he didn't just pull down his Web site and stop offering the rings on eBay. He sued.

In a lawsuit filed yesterday in US District Court in Boston, Sirabella argues that the Coalition to Advance the Protection of Sports Logos fouled out with an October letter... Read more

By - 11/26/12 - 11:52 am

The case was from Illinois, but echoed our Simon Glik case. By declining to hear an appeal from the state of Illinois, the nation's highest court left standing a lower-court ruling that you have a First Amendment right to record police on the job in a public place.

In both cases, the rulings came on state laws that made it a crime... Read more

By - 11/9/12 - 11:47 pm

A federal appeals court ruled today Starbucks owes Massachusetts baristas more than $14 million for tips that were shared with supervisors between 2005 and 2011, because state law bars managers from dipping into the tip jar.

Starbucks tried to pour cold water on a class-action suit on behalf of more than 11,000 former and current baristas by arguing that "shift supervisors" weren't really managers because... Read more

By - 11/8/12 - 8:22 am

Five more lawsuits were either filed in or transferred to federal court in Boston on Tuesday and Wednesday against the New England Compounding Center over its fungus-tainted painkiller medications, adding to the pile of legal complaints against the now shuttered pharmacy.

By - 11/6/12 - 3:37 pm

A man who says he contracted meningitis from a painkiller prepared by the New England Compounding Center and a man who says he's suffered mental anguish because he also got one of those painkiller shots have sued the pharmacy and its owners.

The suits, originally filed in state court, were moved to US District Court in Boston this week. Last week, a Pennsylvania woman who... Read more

By - 11/3/12 - 3:24 pm

A Red Lion, PA resident who says she's still suffering from the fungal meningitis she got from a painkiller shot a year ago, yesterday filed a federal lawsuit against the New England Compounding Center in Framingham and against the individual members of the Conigliaro family who owned and ran it.

In her suit, filed in US District Court in Boston, Michele Erkan recounts what she... Read more

By - 10/26/12 - 2:38 pm

The Supreme Judicial Court ruled today a state board was wrong to bar an embalmer from working in Massachusetts because he agreed to an interview with the Boston Phoenix.

In a ruling today, the state's highest court said the Board of Registration of Funeral Directors and Embalmers simply went too far in banishing Troy Schoeller for allegedly speaking in "an undignified and salacious manner about... Read more

By - 10/19/12 - 8:33 am

A roving UHub Web browser points us to an ambulance Annie chaser with a Web site featuring a grinning OJ Simpson lookalike holding a stack of Benajmins:

Are you a victim of the MA Drug Lab Scandal?
Our Lawyers can help you get the compensation that you deserve!

OJ, is that you?... Read more

By - 10/18/12 - 11:09 am

The Massachusetts Appeals Court today tossed a former Chinese dissident's trademark suit against a non-profit group that uses the Web to promote a video that is critical of her actions in Beijing in 1989.

In a 2-1 decision, the court said the Long Bow Group, of Brookline, was not trying to confuse people into thinking it was sponsored or in any way affiliated with... Read more

By - 10/16/12 - 9:48 am

Michael Rosen points us to this lawsuit (via this law firm) by a South Shore dental practice against a dentist who left and set up his own practice nearby.

As Rosen notes, they're suing under a clause in his original contract they say prohibits him from setting up shop within 15 miles of his original office for three years. So? Well, turns... Read more

By - 10/11/12 - 7:24 am

A New Hampshire man who says he was permanently injured when a folding chair in the Fenway bleachers collapsed, sending him plummeting to the concrete, yesterday filed suit against the Red Sox in federal court.

Richard McLaughlin is seeking unspecified damages - but more than $75,000 - for injuries he says he incurred during a game on May 4, 2010 (against the Angels), while... Read more

By - 10/5/12 - 8:39 am

Grub Street, a Boston-based creative writing non-profit, yesterday sued a California company with a similar name that promotes "indie authors," through paid endorsements.

In its trademark suit, filed in US District Court in Boston, Grub Street said Grub Street Reads chose that name to try to mooch off Grub Street's reputation and that the similar name is particularly unfair in Grub Street's home... Read more

By - 9/29/12 - 9:13 am

The Globe reports the city of Cambridge has sued the state in Middlesex Superior Court to block its approval of Uber, which lets you get a limo through its online service.

You may recall how a state measurement office barred Uber over meter issues after Cambridge Police ran a sting, only to reverse itself a few days later when it learned,... Read more

By - 9/25/12 - 8:23 am

The Crimson reports waiters at the Harvard Faculty Club and Loeb House filed suit last week, alleging mandatory "gratuity" surcharges added to bills there never go to them. The suit comes as the Harvard Club, a private institution across the river, agreed to a $4 million settlement over the same issue.

By - 9/25/12 - 8:03 am

A Newmarket Square company that makes frozen fillo pockets stuffed with vegetable and meat fillings says a supplier's paper boxes were so poorly made it lost a contract with Trader Joe's - and $1 million in profits.

In a suit filed yesterday in US District Court in Boston, Peppercorn Food Service charges Atlantic Packaging Corp. of Norwich, CT sold it crappy "ovenable" containers for... Read more

By - 9/19/12 - 11:21 am

The Supreme Judicial Court today dismissed a complaint by a teacher at a Newton Hebrew school that she was fired because of her age, saying the First Amendment prohibits government from interfering in how religious organizations teach their young.

Gaye Hilsenrath, who had been a part-time teacher at Temple Emanuel's Hebrew school for more than 24 years, filed an age-discrimination complaint with the Mass.... Read more

By - 9/14/12 - 8:12 pm

Jalopnik reports on some vindication this week for Clay Nissan: A Norfolk Superior Court judge this week ordered the assets of two brothers seized because the judge agreed they sure seemed to have libeled the car dealership over the way it fired their sister.

Far from firing Jill Colter because she had cancer, her manager at Clay Nissan agonized over dumping her because of... Read more

By - 9/13/12 - 8:49 am

A federal appeals court has upheld the right of Massachusetts police departments to deny people the right to bear certain arms if they lie on their permit applications.

The ruling means former Boston police officer Stacey Hightower can no longer carry a concealed .38 caliber five-round revolver - or carry high-capacity weaponry.

In 2008, after she had resigned as an officer, Police Commissioner Edward Davis... Read more

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