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Employment – Overtime – Administrative exemption
Where a plaintiff has alleged a failure to pay overtime in violation of G.L.c. 151, §1B, the defendant employer’s motion for summary judgment should be allowed in part and denied in part, as the defendant appropriately classified the plaintiff as exempt from July 14, 2018, until June 2020, but a jury question exists regarding the applicability of the administrative exemption from June 2020 unti[...]
Boston lawyers secure $209K verdict for victim of email scam
A federal judge awarded nearly $209K to a businessman whose wire transfer was diverted in an email hacking scam, finding a Massachusetts intermediary liable for conversion.
Negligence – Slip and fall
Where a plaintiff who fell while shopping inside one of the defendant’s stores has brought a negligence suit alleging that the defendant failed to maintain its premises in a reasonably safe condition, the defendant’s motion for summary judgment should be allowed because the plaintiff has not put forward evidence that any dangerous condition existed or that the defendant was on notice of one.
Massachusetts schools pay $18M over teacher sexual abuse
Massachusetts cities agree to nearly $18M in settlements over alleged sexual abuse by teachers and failures by school officials to protect students.
Suffolk sheriff pleads not guilty in extortion case
Thirteen days after federal prosecutors first unsealed the accusations, Suffolk County Sheriff Steven Tompkins pleaded not guilty to charges that he used his official position to extort a marijuana company.
Excessive force alleged in fatal shooting by Reading police
On Feb. 3, 2018, the decedent resided with a roommate and the roommate’s girlfriend in an apartment in Reading. The decedent and his roommate had an argument that caused the girlfriend to call the police.
Attorneys – Withdrawal
Where an attorney has moved to withdraw as counsel for the plaintiff, the motion should be allowed because the clear breakdown of the relationship between the attorney and her client supports a finding of good cause for the attorney’s withdrawal as counsel.
Social services – Disability – SSI
Where a plaintiff was denied supplemental security income (SSI) benefits, the denial should be upheld despite the plaintiff’s argument that the administrative law judge’s residual functional capacity finding is not supported by substantial evidence.
Education – FERPA – Discovery
Where the plaintiff, a former student in Stoughton’s public school system, has moved to compel responses to discovery requests, her request for third-party “education records” should not be denied under the Family Educational Rights and Privacy Act, but limitations on the documents produced should be imposed in order to protect sensitive information.
Jurisdiction – Diversity – Domicile
Where a plaintiff has requested a remand to state court following removal, that request should be denied despite the plaintiff’s argument that the parties lack complete diversity.
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
