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

Attorney Joseph Mendes recently obtained a defense verdict after a 3-day jury trial in Hancock County Superior Court (Ellsworth, Maine) involving a ski collision at Sunday River.  The case involved negligence claims arising out of violations of Maine’s ski statute and standards promulgated by Sunday River and the National Ski Areas Association.  The plaintiffs were the parents of their 10-year-old son, who suffered severe injuries in a collision with another skier (the defendant), and alleged the defendant – an adult – carelessly and heedlessly collided with the plaintiffs’ son without regard to his statutory duties or the “rules of the road” for all skiers.  Attorney Mendes was able to rebut the plaintiffs’ claims by arguing that not only were the defendant’s actions reasonable and in compliance with the rules of the road, but in response to a sudden, emergency event (the child making a sudden, abrupt turn into the defendant’s lane of travel), thereby depriving defendant the ability to avoid the collision.  The plaintiffs alleged as a result of this incident that they suffered damages close to $500,000.00.  A total of 5 witnesses and 1 expert testified in the matter.  After 2 hours of deliberation, the jury returned a verdict in favor of the defendant.

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!