Last week the legal blog world lit up with the case of Barbuto v. Advantage Sales and Marketing, LLC, a decision of the Massachusetts Supreme Court on July 17, 2017. Both of my fellow panelists, Robin Shea and Jonathan Hyman, on our ADA and employment issues panel at the Federal Bar Association convention in
Bell Atlantic Corporation v. Twombly
Iqbal/Twombly Pushback and When Might All of Operations of a Private Entity Have To Comply with the Rehabilitation Act
By William Goren on
Today’s case is a two fer. We explore two questions. First, if a complaint as originally drafted does not meet Iqbal/Twombly standards, whatever that is:-), does the plaintiff get the right to amend? Second, just what must be alleged in order to survive a motion to dismiss with respect to alleging that a private entity’s…
Exhaustion of administrative remedies redux: when is a party on notice?
By William Goren on
The stereotype of judges is that they are boring and wouldn’t relate well to an audience. I have attended several CLE’s where judges were the speakers, and that stereotype is just not true. Of course, some are better than others, but that is true with every speaker you here. One of the great CLE speakers,…
Getting to first base: surviving a motion to dismiss
By William Goren on
In law school, we learn that the federal system is a notice pleading jurisdiction. The idea behind notice pleading is that you make a general statement as to what the case is about if you are a plaintiff and then the rest is up to discovery. Once discovery is done you can go with the…