Argument: Not yet scheduled.

Keywords: Administrative Law - Arbitration - Discrimination - Employment

Question Presented: Whether an employee’s agreement to arbitrate all “claims and disputes” bars her from asserting claims before the Mass. Commission Against Discrimination.

Facts: The employee, Randi Simmons, signed an agreement shortly after beginning employment in which she agreed to arbitrate all disputes and claims, and acknowledged that she was waiving her right to …

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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 …

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Argument: September 2010

Keywords: Employment

Question Presented: Whether an employer may offer an employees a choice between deducting costs of accidents from their wages and disciplinary action.

Facts: ABC Disposal Service (“ABC”) employs drivers to collect solid waste throughout the Commonwealth. By company policy, when a driver damages an ABC truck or third party property, ABC first determines …

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Argument: September 2010

Keywords: Administrative Law - Civil Procedure - Discrimination - Employment - Public Employees

Question Presented: Whether a defendant’s appeal permits a plaintiff to retract acceptance of remittitur; whether a jury damage award for hostile work environment may be based on a pattern of conduct not alleged in an MCAD complaint.

Facts: The plaintiff, who is gay, was the only woman employed by the Somerset Highway Department from 1984 to 2000. In 2000, she filed a claim with the Mass. Commission Against …

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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 …

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Argument: May 4, 2010

Keywords: Arbitration - Employment - Labor Unions - Public Employees

Question Presented: Whether an “evergreen clause” extending a collective bargaining agreement (CBA) for public employees beyond three years is enforceable.

Facts: A CBA in force from 2001 to 2004 required the Boston Housing Authority (BHA) to maintain a staff of 16 firemen, despite the fact that, by the year 2000, the …

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Amicus due February 16, 2010 - Argument: April 6, 2010

Keywords: Administrative Law - Employment - Legal Malpractice - Loss of Chance - Maternity Leave

Question Presented: Whether employers are required to comply with the Mass. Maternity Leave Act (MMLA) for leaves of over eight weeks, if they do not tell employees otherwise.

Facts: Global NAPS (Global) told an employee that she could take eight weeks of maternity leave, or ten weeks if she gave birth by C-section. The employee gave birth by C-section …

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Amicus due February 16, 2010 - Argument: March 1, 2010

Keywords: Employment - Negligence - Respondeat Superior - Summary Judgment - Torts

Question Presented: Whether an employer can be liable for a drunk driving accident caused by an employee on the way home from a business meeting.

Facts: The defendant, Beverly Enterprises, employed John Ahern as a cook. Taking the facts in the light most favorable to the plaintiff, Ahern’s supervisor asked him to come to a …

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Argument: May 3, 2010

Keywords: CJAM - Employment - Mandamus - Probation - Summary Judgment

Question Presented: Whether the Chief Justice for Administration and Management (CJAM) acted within his authority in rejecting the appointment of a probation officer.

Facts: Plaintiff Stephen Anzalone was certified for appointment as a probation officer by the Commissioner of Probation. Six months later, the CJAM rejected Anzalone’s appointment without explanation. Anzalone filed claims …

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