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Author Archives: Eric T. Berkman

Identity of Fidelity clients considered ‘confidential information’

A financial consultant who allegedly compiled a list of his former clients from memory after leaving the company to join a competitor could be considered to have used confidential information, a Massachusetts Superior Court judge has found. Defendant Devin Callinan, ...

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Co. president owes fiduciary duty to fired doctor/shareholder

A shareholder/physician who was terminated from a medical group could bring a breach-of-fiduciary-duty claim against its president, a Superior Court judge in Massachusetts recently ruled. Plaintiff Stephen Punzak was an anesthesiologist in an 83-person professional corporation, defendant Anesthesia Associates of ...

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Disabled teacher can sue over denial of part-time work

A former kindergarten teacher can proceed with a disability discrimination claim alleging that the school district refused to accommodate her fibromyalgia by permitting her to work part time, a U.S. District Court judge in Massachusetts has ruled. The Newton Public ...

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Telephone Consumer Protection Act class action can proceed

Attorneys say a recent U.S. District Court decision in Massachusetts broadly interpreting the definition of “automatic telephone dialing system” under the federal Telephone Consumer Protection Act preserves the ability of consumers to seek redress against telemarketers that make unsolicited robocalls ...

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No jurisdiction for defamation suit against out-of-state company

An out-of-state tech firm that allegedly made disparaging statements about a Massachusetts competitor to companies with locations in Massachusetts was not subject to jurisdiction under the state’s long-arm statute, G.L.c. 223A, §3, a trial court judge has decided. Plaintiff SCVNGR, ...

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Judge vacates fees granted in FINRA arbitration

An arbitration panel erred in awarding attorneys’ fees to a broker in a wrongful termination and defamation case she successfully brought against the securities firm that fired her, a U.S. District Court judge in Massachusetts has decided. The broker, Cheryle ...

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Company can’t bring defamation claim against blogger

A water-treatment company could not sue a blogger for defamation over allegedly inflammatory posts he wrote about the company on his website, a U.S. District Court judge in Rhode Island has ruled. Defendant Brian MacFarland, who blogs about companies that ...

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FMLA retaliation suit allowed despite ineligibility of employee

An employee could bring a retaliation claim under the federal Family and Medical Leave Act even though his employer was not covered by the statute, a U.S. magistrate judge has ruled. The plaintiff employee, Joseph Reid, took 17 weeks of ...

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Hospital can’t shield communications over credential decision

A surgeon who brought a discrimination suit against the hospital where she used to work was entitled to discovery of allegedly defamatory communications between her former supervisor and another hospital that subsequently rejected her application for credentials, a U.S. magistrate ...

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Pre-judgment interest OK’d in Wage Act suit

Employees who brought a successful class action against their employer for violation of the Wage Act are entitled to statutory pre-judgment interest on their lost pay and benefits, the Massachusetts Supreme Judicial Court has found. The SJC also decided, however, ...

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