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Nov 25, 2024 | 
mondaq.com | Angela C. Bunnell
The District of Massachusetts recently issued two decisions
addressing the "primarily and substantially" within
Massachusetts requirement for Mass. Gen. Laws c. 93A, Section 11
claims. In each case, the court followed the fact-intensive
"center of gravity" test to determine where the core of
the transaction took place.
In HC&D, LLC v. Precision NDT & Consulting LLC,
the court considered a motion to dismiss a claim brought under c.
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Nov 25, 2024 | 
mondaq.com | Angela C. Bunnell
On Nov. 13, 2024, in Finnegan v. Mass. Coll. of Pharm, the District of Massachusetts considered a
motion to dismiss plaintiff's claim of unfair and deceptive
business practices pursuant to Mass. Gen. L. Ch. 93A related to his
dismissal from the defendant's Doctor of Pharmacy program.
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Nov 21, 2024 | 
natlawreview.com | Whitt Steineker |Christopher H. Grigorian |R. Nicholas Englund |Angela C. Bunnell
On November 7, 2024, the Commission Implementing Regulation 2024/2690 laying down rules for the application of the NIS2 Directive as regards technical and methodological requirements of cybersecurity risk-management measures and further specification of the cases in which an incident is considered to be significant with regard to certain digital service providers (the “Implementing Regulation”) entered into force.
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Nov 21, 2024 | 
natlawreview.com | Angela C. Bunnell
On Nov. 13, 2024, in Finnegan v. Mass. Coll. of Pharm, the District of Massachusetts considered a motion to dismiss plaintiff’s claim of unfair and deceptive business practices pursuant to Mass. Gen. L. Ch. 93A related to his dismissal from the defendant’s Doctor of Pharmacy program.
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Nov 14, 2024 | 
natlawreview.com | Angela C. Bunnell
The District of Massachusetts recently issued two decisions addressing the “primarily and substantially” within Massachusetts requirement for Mass. Gen. Laws c. 93A, Section 11 claims. In each case, the court followed the fact-intensive “center of gravity” test to determine where the core of the transaction took place. In HC&D, LLC v. Precision NDT & Consulting LLC, the court considered a motion to dismiss a claim brought under c.
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Nov 13, 2024 | 
mondaq.com | Angela C. Bunnell
In a case challenging certain provisions in a health club's
form contract and alleging Chapter 93A violations, the Suffolk
County Superior Court in Massachusetts considered defendants'
motion for summary judgment and plaintiffs' motion for class
certification. See Hayes v. Planet Fitness
AssetCo., LLC (Oct. 7, 2024). The services contract
provisions required club members to waive or release claims against
defendants.
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Nov 11, 2024 | 
natlawreview.com | Angela C. Bunnell
In a case challenging certain provisions in a health club’s form contract and alleging Chapter 93A violations, the Suffolk County Superior Court in Massachusetts considered defendants’ motion for summary judgment and plaintiffs’ motion for class certification. See Hayes v. Planet Fitness AssetCo., LLC (Oct. 7, 2024). The services contract provisions required club members to waive or release claims against defendants.
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Nov 5, 2024 | 
mondaq.com | Angela C. Bunnell
On Oct. 25, 2024, the United States District Court for the
Northern District of California considered a motion to dismiss a
putative nationwide class action for failure to state a claim under
Massachusetts General Laws c. 93A.
In A.J. v. LMND Med. Grp., Inc., plaintiffs alleged
that defendant surreptitiously collected and disclosed confidential
medical information associated with plaintiffs' individual
identifying information to third parties via trackers embedded in
defendant's website.
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Oct 31, 2024 | 
natlawreview.com | Aaron Wininger |Angela C. Bunnell |Russell H. Fox |Jonathan Garvin
31 October 2024. Two whistleblowers “stopped the bleeding” caused by an alleged kickback scheme perpetrated by a mobile phlebotomy service based in California. Veni-Express, Inc. and its owners have agreed to pay $135,000 to settle allegations of violating the Anti-Kickback Statute and False Claims Act. While the award for the two whistleblowers has not yet been determined, False Claims Act qui tam whistleblowers may be rewarded between 15-25% of the settlement.
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Oct 31, 2024 | 
natlawreview.com | Angela C. Bunnell
On Oct. 25, 2024, the United States District Court for the Northern District of California considered a motion to dismiss a putative nationwide class action for failure to state a claim under Massachusetts General Laws c. 93A. In A.J. v. LMND Med. Grp., Inc., plaintiffs alleged that defendant surreptitiously collected and disclosed confidential medical information associated with plaintiffs’ individual identifying information to third parties via trackers embedded in defendant’s website.
