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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

The Connecticut Superior Court, judicial district of Hartford recently granted a motion for summary judgment in favor of our clients, represented by Attorney Anthony Lozier. A tree on our client’s property fell onto the Plaintiff’s home. Under the Restatement (Second) of Torts § 364 (1965), followed by the State of Connecticut, our clients could be found to have been liable for the tree falling on the other property if the fall was caused by a condition created by the possessor of the tree. The Plaintiff alleged that by over-watering, fertilizing and allowing for insects to nest in the tree that fell upon her home, the Defendants created a condition upon the tree which caused the tree to fall. Specifically, the Plaintiff alleged that the tree had “Phytophthora Canker Disease,” a fungal infection that can be damaging to trees and can cause them to fall.

Our Firm

Boyle | Shaughnessy Law staff and attorneys recently participated in the annual Boston Lawyers Have Heart 5k fundraiser for the American Heart Association.

Since 2008, runners and walkers involved in the legal community have joined together in the spirit of Pro Bono Publico (for the public good) to change the heart health of Greater Boston. Lawyers Have Heart Boston has grown from hosting 400 attorneys in 2008, to hosting over 2,100 legal professionals (private practice, large firms, corporate/in-house, legal staff, government, and non-lawyer colleagues) in the annual race & post-race celebration in the Seaport.