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Prison guard wins 'violence pay' for lifting metal box

BOSTON (Legal Newsline) - A Massachusetts appeals court upheld an award of $174,000 in damages to a prison guard who claimed he was entitled to “violence pay” after he injured his shoulder attempting to carry a metal footlocker to the scene of a hostage incident. ....

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E-mail trail lands company in age discrimination pickle, though layoffs barely affected average age

BOSTON (Legal Newsline) - An engineer who was fired in his mid-50s can sue Schneider Electric for age discrimination because there was plenty of evidence managers were under pressure to use a “reduction in force” to make room for what they described as “young talent,” a Massachusetts appeals court ruled. ....

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Tobacco plaintiff allowed to argue his last cigarette should have been safer

BOSTON (Legal Newsline) - A Massachusetts appeals court ordered another trial over whether RJ Reynolds should have sold safer cigarettes, ruling a judge erroneously told jurors a safer design had to have been available before the plaintiff became addicted to cigarettes. ....

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City can't be sued after EMTs, responding to stabbing, drove to wrong address


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BOSTON (Legal Newsline) – A stabbing victim who had to wait 20 minutes for help while watching her mom die will not be allowed to sue her Massachusetts hometown over the delay.
The Massachusetts Appeals Court ruled for the City of Taunton in the wrongful death case filed by Kathleen Slavin, who was stabbed by an intruder and called 9-1-1. But Taunton’s fire truck went to the wrong address and did not get to Slavin and her mother for 20 minutes after the call.
An ambulance arrived 10 minutes after the fire truck. Ultimately, Kathleen’s mother died after she was taken to a hospital. ....

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Plaintiff tries to change more than 60 answers from deposition, dooms case in the process


BOSTON (Legal Newsline) - A former property manager who tried to change deposition testimony that contradicted her claims lost a bid to revive her overtime lawsuit, a Massachusetts appeals court ruled this month. 
The decision also upheld the decertification of a proposed class action on behalf of other managers, because the claims of the lead plaintiffs fell apart.
Siew-Mey Tam sued Federal Management Co. in 2013, alleging a variety of labor law violations including failing to pay her overtime. A second manager joined the case and in 2015 a judge certified the case as a class action on behalf of other employees. ....

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