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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

Jurisdiction: Stamford Superior Court

Boyle | Shaughnessy Law attorneys Timothy R. Scannell and Thomas H. Houlihan, Jr. recently obtained a defense verdict in a vexatious litigation case in the Stamford Superior Court.  The plaintiffs alleged that their neighbors filed an underlying trespass action against them without probable cause and with a malicious intent to vex and trouble the plaintiffs. Attorneys Scannell and Houlihan defended the plaintiffs’ neighbors against the vexatious litigation claims.

During the trial, the defense was able to successfully examine a multitude of witnesses on disputed factual issues pertinent to whether the defendants instituted the prior trespass action in good faith. Further, Attorneys Scannell and Houlihan were successful in proving a special defense that the defendants had properly relied on the advice of counsel when deciding to commence and prosecute the underlying action.

The plaintiffs made a final pre-trial demand of $340,000.00 to settle the case. The case was ultimately tried to the Court, which returned a defense verdict.

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.