Kenneth J DeMoura's Legal Cases (5)

Litigation

First Marblehead v House, 541 F.3d 36

Sep 08, 2008

OUTCOME: Judgment in favor of client on all claims.

Employer sought declaratory judgment that former employee was not entitled to exercise incentive stock options due to employee's termination of employment. Former employee counterclaimed alleging brea ... ch of contract, promissory estoppel and negligent misrepresentation. Court awarded client summary judgment on contract and estoppel claims and jury found in favor of client on former employees negligent misrepresentation claims in 2007. Judgments affirmed by First Circuit Court of Appeals in 2008. Case reported at 541 F. 3d 36.

Employment and labor

EEOC Employment Discrimination Claim

Jul 14, 2008

OUTCOME: Dismissal of disability discrimination case.

Successful representation of multi-state utility company in EEOC disability discrimination case brought by employee seeing accomodations in work schedule and transfer of position to offices closer to e ... mployee's home. EEOC entered finding of no probable cause and dismissed charge of discrimination.

Wrongful termination

Showcase Nissan, Inc. (Antony Provost)

Mar 09, 2007

OUTCOME: Minority shareholder wins reinstatement.

Successful representation of minority shareholder in wrongful termination/breach of fiduciary duty case against majority shareholder. Successful two-week arbitration and subsequent superior court liti ... gation resulted in reinstatement with full back pay and attorneys fees and ultimate sale of entire company by majority shareholder to client.

Employee benefits

Davis v First Union Long Term Disability Plan, 213 F. Supp. 2d 29

Aug 12, 2002

OUTCOME: Successful defense of ERISA action.

Plaintiff alleged improper denial of long-term disability benefits. United States District Court upheld eligibility determination made by Plan Administrator and entered summary judgment on behalf of c ... lient.

Intellectual property

Mitchell John Coiffures v Jordan & Company, Inc.

N/A

OUTCOME: Summary judgment for client in trade secrets case.

Massachusetts Superior Court dismisses competitor's theft of trade secrets claim. Court rules that customer information was not confidential where competitor did not take proper precautions to protect ... it and advise employees of its confidential nature.

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