Argument: October 2010

Keywords: Contract Law - Corporations - Disabilities - Discrimination - Employment

Question Presented: Whether a retaliation claim may lie under c. 151B where the employee was terminated three years before the employer’s alleged retaliatory action; whether board members may be liable for tortious interference with their own corporation’s contract.

Facts: Plaintiff Psy-Ed, a magazine publisher, employed defendant Kimberly Schive in its Boston office from 1993 to 1996. In 1996 Psy-Ed closed the Boston office and fired most employees. Schive, who …

Read more »

Argument: September 2010

Keywords: Disabilities - Employment - Insurance

Question Presented: Whether a workers’ compensation self-insurance group qualifies for payments from the Massachusetts Insurers Insolvency Fund when its excess insurer is insolvent.

Facts: The Massachusetts Care Self-Insurance Group (“MCSIG”) is a self-insurance pool of nursing home care businesses, designed to meet the member businesses’ duties under the Workers Compensation Act. As of 1995 …

Read more »

Amicus due March 15, 2010 - Argument: May 6, 2010

Keywords: Criminal Procedure - Disabilities - Judicial Review

Question Presented: Whether a witness with a speech-related disability has the right to challenge her exclusion as a witness during trial; whether the judge properly excluded her testimony for inability to give narrative answers.

Facts: The appellant is the alleged victim in the criminal trial of Kofi Agana. The alleged victim suffers from expressive aphasia, a condition that permits her to understand language, but to …

Read more »