The Supreme Judicial Court said yes and listed four factors to determine whether it would characterize an asset sale a“defactomerger” and impose successor liability: “Whether (1) there is a continuation of the enterprise of the seller corporation so that there is continuity of management, pers...
There are many cases where the courts attempt to parse out what conduct falls under 93A. It’s complicated, and there is a substantial body of 93A jurisprudence. The legal standards are beyond the scope of this post, but to get a sense for how the Massachusetts Supreme Judicial Court (SJC...
On February 12, 2016, the Massachusetts Supreme Judicial Court ruled that, in third-party settlements, workers’ compensation liens will not cover damages for injured employees’ pain and suffering. The compensation for these “noneconomic damages,”which had previously been awarded to workers’ compe...
whether it was proportioned to that purpose and did not result in excessive inequality. The latest expression by the Court on the justification that would be needed to sustain a sex preference indeed says it must be "exceedingly persuasive." Personnel Adm'r of Mass. v. Feeney,442 U.S. 256...
Citizens also learned that the judicial system provided no safeguard, as judges and lawyers also received death threats and were, in some cases, assassinated (López 2010). The ink was hardly dry on the Peace Accords when, as noted earlier, the Catholic Church, under the direction of Bishop ...
Plaintiff urges a de novo standard of review in district court as was used inRizzo v. Tyler,438 F. Supp. 895, 899 (S.D.N. Y.1977). 5 U.S.C. § 552(a) (4) (B) provides for a "de novo" determination by the court in cases in which the complainant seeks "to enjoin the ag...
Responding to Apple’s request for an emergency stay, the court stated that a party requesting a stay in a court case “bears the burden of showing that the circumstances justify an exercise of [judicial] discretion.” Since the company failed to do so, the court rejected its request. Apple...
Anyway, what I take away from such laws -those that place a majority of the US population a judicial interpretation away from being federal felons- is that we the people have the government we deserve. (BTW, potato cannons meet the legal definition of a firearm in many local jurisdictions ...
See supraPart II.B. To be sure, the priority of payment given to tort victims in bankruptcy cases often draws criticism.SeeDavid W. Leebron,Limited Liability, Tort Victims, and Creditors, 91 Colum. L. Rev. 1565, 1643–50 (1991);see alsoLucian Arye Bebchuk & Jesse M. Fried,The Uneasy...
The Court also ordered the government to pay damages to the Leader Group of Publications. Disturbing to the champions of freedom of the press was the Court's stipulation that the "rights and freedoms of the citizens under ordinary laws may be disregarded" and that the purposes of the ...