Massachusetts Lawyers Weekly

  • Securities – Class certification – Out-of-state parties
    Where a plaintiff alleging securities fraud has moved for class certification, the motion should be denied because certifying a nationwide class and exercising personal jurisdiction over out-of-state plaintiffs would violate due process in light of the fact that Massachusetts Rule 23 does not contain a provision allowing those absent class members to opt out. “This […]
  • Employment – Noncompete agreement
    Where a plaintiff corporation has requested enforcement of a non-competition agreement against a defendant former employee, that request should be denied because the plaintiff has not met its burden of demonstrating a likelihood of showing that enforcement of the agreement is necessary to protect any legitimate business interest of the plaintiff. “This is an action […]

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