Trial tested.
Results driven.

Legal Developments

EMPLOYMENT LAW

Retaliation for Personnel Files

The Massachusetts Supreme Judicial Court’s recently issued an important decision granting a terminated employee the right to pursue a retaliation-wrongful termination claim against his employer for exercising the right to file a rebuttal to be included in his personnel file as provided by G. L. c. 149, § 52C, which controls how employers maintain personnel files in the Commonwealth.  In Meehan v. Medical Information Technology, Inc., No. SJC-13117, Meehan who was an at-will employee was terminated after he sent his supervisor a rebuttal to having been placed on a performance improvement plan.  Meehan filed suit against the employer Meditech for wrongful discharge in violation of public policy. The Superior Court Department, Norfolk County granted Meditech’s motion to dismiss.  Meehan then appealed to the Massachusetts Appeals Court which affirmed. Meehan then filed application for further review, which was granted by the Supreme Judicial Court.

Results

Attorneys Laura Devine and Victoria Taravella recently represented an attorney and law-firm client before the Vermont Supreme Court in a significant case addressing the scope of the common fund doctrine in Vermont and unjust enrichment claims between opposing law firms.

The case arose from a personal injury matter in which the law-firm client secured a confidential settlement for its own personal injury client. Counsel for the uninsured employer in the underlying personal injury matter, later sued the law-firm client, and claimed that it was entitled to a portion of the law-firm client’s contingency fee. In support, counsel for the uninsured employer argued that its own litigation efforts led to the settlement and that they were entitled to compensation under the doctrine of unjust enrichment. The trial court awarded counsel for the uninsured employer a limited quantum meruit judgment of $72,509—far less than the amount originally claimed. The trial court also denied the uninsured employer’s counsel’s motion for extensive attorney’s fees in prosecuting the unjust enrichment action. affirming the American Rule.

Our Firm

Shareholder Matthew Greene has been appointed to a three-year term as a Hearing Officer for the Massachusetts Board of Bar Overseers. The BBO is an independent administrative body established by the Supreme Judicial Court to investigate and evaluate complaints against attorneys.  Hearing Officers sit in panels of three as fact-finding tribunals in disciplinary proceedings brought against individual attorneys by the Office of Bar Counsel.  They hear testimony, take evidence, make adjudicatory rulings and, with the assistance of a Board attorney, prepare written reports and recommendations for the Board of Bar Overseers.

Congratulations to Matt on his appointment!