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The Firm’s most recent reported decisions are collected here.
Read how the courts have ruled on the kinds of motions we routinely
file on behalf of our clients.
New England Health Care Employees Union, District 1199, SEIU v. Long Ridge of Stamford
American Arbitration Association No. 12-300-00730-07 (Halperin, Arb.)
The Firm was successful in upholding the termination of employment of a certified nursing assistant for refusing to take patient-care instructions from her LPN supervisor, threatening the supervisor upon being reported to management, and refusing to cooperate in the ensuing investigation of her misconduct. Attorney for the employer was Todd A. Newman.
New England Health Care Employees Union, District 1199, SEIU v. Newington Health Care Center
American Arbitration Association No. 12-300-00036-08 (Dunn, Arb.)
The Firm was successful in upholding the termination of employment of a certified nursing assistant for neglecting to provide adequate care to a patient entrusted to her exclusive care. The Firm demonstrated that the employer had 'just cause' to terminate the grievant's employment, even though the grievant had eleven years of experience and no record of prior discipline. Attorney for the employer was Todd A. Newman.
Hamilton v. Artel Video Systems, Inc. et al
Civil Action No.: 08-1560 (Middlesex Superior Court, October 31, 2008)
The firm successfully obtained dismissal of plaintiff’s claim brought under the Massachusetts Civil Rights Act (“MRCA”) in a pregnancy discrimination case. Attorneys for the defendants are Sara Goldsmith Schwartz and Shannon M. Lynch.
Linda Cancellieri v. Northeast Hospital Corporation
Civil Case No. ESCV-2007-1659 (Commonwealth of Massachusetts, County of Essex, Superior Court). The Firm successfully represented Northeast Hospital Corporation et al. in obtaining dismissal of Plaintiff's claim for Intentional Infliction of Emotional Distress on the grounds that it is barred by the exclusivity provisions of the Workers' Compensation Act. Attorneys for defendant, Northeast Hospital Corporation, are Sara Goldsmith Schwartz and Jessica L. Herbster.
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Sports Turf International, Inc. v. Darin Aldrich
Civil Action No. 08-22CV186 (Massachusetts Trial Court, District Court Department)
The Firm was successful in defeating a motion by the defendant to dismiss the case for lack of personal jurisdiction in an action alleging that the defendant, a Maine resident, injured his former employer, a Massachusetts corporation, by failing to repay a personal loan, obtaining expense reimbursements based on fictitious expense reports, and refusing to return company property. Attorneys for the Plaintiff were Sara Goldsmith Schwartz and Todd A. Newman.
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Dolan v. SunGard Securities Finance, LLC., and Global Compliance Services, Inc.
Civil Action No. 06-cv-43-JD (United States District Court for the District of New Hampshire).
The Firm represented both SunGard Securities Finance, LLC and Global Compliance Services, Inc. in successfully obtaining summary judgment and dismissal of all 19 counts of the Plaintiff's Complaint. The Court issued three separate orders ruling in Defendants’ favor over the past several months. Attorneys for the defendant, Sunguard Securities Finance, LLC, were William E. Hannum III and Shannon M. Lynch.
- In the first order, dated December 5, 2007, the court entered summary judgment in favor of Global Compliance, dismissing claims of fraud, negligence and negligent infliction of emotional distress. View Decision>
- In the court’s second order, dated January 8, 2008, the Firm successfully obtained summary judgment on behalf of SunGard Securities Finance, LLC., dismissing the entirety of Plaintiff’s claims on the basis of wrongful discharge, breach of covenant of good faith and fair dealing, intentional infliction of emotional distress, negligent infliction of emotional distress, intentional misrepresentation/fraud, negligent misrepresentation, conspiracy, and the Equal Pay Act, and granting partial summary judgment on Plaintiff’s claims of disparate treatment and retaliation. View Decision>
- In the most recent order, dated April 24, 2008, the court entered summary judgment in favor of SunGard Securities Finance, LLC., on the remaining claims of disparate treatment and retaliation, and dismissed a claim for violation of the New Hampshire personnel file statute. View Decision>
Lucciano v. TD Banknorth Insurance Agency, Inc.
Case No. 0647-CV-0529 (Commonwealth of Massachusetts, District Court – Concord Division). The Firm successfully represented TD Banknorth Insurance Agency, Inc. in obtaining summary judgment, dismissing all three Counts of the plaintiff’s complaint on the basis of alleged breach of contract, violation of Massachusetts wage and hour law, and non-payment of commissions.Attorney for the defendant were William E. Hannum III and G. Michael Palladino.
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Heuler v. Decision Economics, Inc.
Case No. 1:06-cv-4039 (United States District Court for the Southern District of New York). The Firm successfully obtained dismissal of a breach of employment contract case on behalf the employer. The Court granted the employer’s Motion to Dismiss because, among other reasons, the plaintiff's compensation structure, which included a two-year compensation schedule, did not limit the employer’s right to terminate the plaintiff's “at will” employment. Attorney for the defendant were William E. Hannum III and Shannon M. Lynch.
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Creef v. Cognex Corporation
Civil Action No. 05-00182 (Norfolk County Superior Court, February 1, 2007) The Firm represented Cognex Corporation in successfully moving for summary judgment against the plaintiff’s claim for age discrimination under Chapter 151B of the Massachusetts General Laws, the Age Discrimination in Employment Act and Title VII of the Civil Rights Act. The Court, by the Honorable John P. Connor, Jr., granted Cognex's Motion for Summary Judgment as well as numerous related motions including a Motion to Strike Plaintiff's Affidavit, Motion to Strike Plaintiff's Response to Cognex's Statement of Undisputed Material Facts and Motion to Strike Plaintiff's Statement of Legal Elements. Attorney for the defendant was Sara Goldsmith Schwartz.
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Sousa v. TD Banknorth Inc., et al.
Civil Case No. 1:05-CV-421 (United States District Court, District of New Hampshire, March 20, 2006). The Firm successfully represented TD Banknorth Inc. and TD Banknorth Insurance Agency, Inc. in obtaining (a) the dismissal of TD Banknorth Inc. as a defendant and (b) the dismissal of three Counts of Plaintiff's Complaint against TD Banknorth Insurance Agency, Inc. alleging breach of the implied duty of good faith and fair dealing, intentional infliction of emotional distress and wrongful termination. Attorney for the defendant, TD BankNorth, was William E. Hannum III.
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Creef v. Cognex Corporation
Civil Action No. 05-00182 (Norfolk County Superior Court, June 13, 2005). The Firm successfully obtained dismissal of Count II of Plaintiff's Complaint alleging breach of implied covenant of good faith and fair dealng. Attorney for the defendant was Sara Goldsmith Schwartz.
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Marcella v. Banknorth, N.A., et al.
Civ. Action No. 04-30217-MAP (United States District Court for the District of Massachusetts, May 3, 2005). The Firm successfully obtained dismissal of (1) a Massachusetts Equal Pay Act claim against the employer, and (2) discrimination claims against three individual defendants, pursuant to a Motion to Dismiss. Attorney for the defendant, BankNorth, was Sara Goldsmith Schwartz.
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Evans vs. TJMAXX, MARMAXX, Inc. & others
Civil Docket No. MICV2003-04501-A (Middlesex Superior Court February 15, 2005). The Firm successfully represented TJX Companies, Inc. in obtaining the dismissal of five Counts of alleged discrimination on the basis sex, civil rights violation, intentional and negligent infliction of emotional distress, strict liability and breach of contract. Attorney for the defendant, TJX Companies, Inc., was Sara Goldsmith Schwartz.
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Webster v. TJX Companies, Inc. d/b/a, T.J. Maxx
Civil Docket No. MICV2003-04734-C (Middlesex Superior Court April 27, 2004). The Firm successfully represented TJX Companies, Inc. in obtaining the dismissal of an alleged Civil Rights Act violation under Mass. Gen. Laws ch. 12 §§ 11H, 11I. Attorney for the defendant, TJX Companies, Inc. was Sara Goldsmith Schwartz.
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Klaass v. Rational Software Corporation
No. GIC 769666, (Cal. Ct. App., December 17, 2003). The Firm successfully represented Rational Software Corporation in the plaintiff's appeal of the Superior Court of San Diego County's grant of summary judgment as to the plaintiff's claim, which was for breach of a stock option agreement. Attorney for the defendant, Rational Software Corporation, was William E. Hannum III.
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Klaass v. Rational Software Corporation, et al
No. GIC 769666, (Calif. Sup. Ct., San Diego Co., November 21, 2002). The Firm successfully represented Rational Software Corporation in obtaining a voluntary dismissal of disability discrimination and related state law claims, and moving for summary judgment as to the plaintiff's claim for breach of a stock option agreement. Attorney for the defendant, Rational Software Corporation, was William E. Hannum III.
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DeMoura, et al. v. CP Clare Corporation, et al.
2001 Mass. Super. LEXIS 238, No. 98-4473-C (Mass. Sup. Ct., Suffolk Co., March 9, 2001). The Firm represented CP Clare Corporation in moving to sever the plaintiffs' claims against individual defendant. Attorney for the defendant, CP Clare Corporation, was Sara Goldsmith Schwartz.
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Almeida v. The Children's Museum
28 M.L.W. 1130, C.A. No. 99-1104, 2000 Mass. Super. LEXIS 28 (Mass. Sup. Ct., Suffolk Co., January 11, 2000). The Firm represented The Children's Museum in successfully moving for dismissal of the plaintiff's sexual harassment claims arising under M.G.L. c. 151B on the grounds that the allegations were time-barred and were not saved by the timely allegation of a 'dirty look' pursuant to the continuing violations doctrine). (See Spring 2000 Update article regarding decision.) Attorneys for the defendant were Sara Goldsmith Schwartz and William E. Hannum III.
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Silva, et al. v. Hit or Miss, et al.
73 F. Supp. 2d 39 (D. Mass. 1999). The Firm represented Hit or Miss in successfully moving to dismiss claims of breach of contract, breach of implied covenant of good faith and fair dealing, race discrimination and retaliation claims under Title VII and M.G.L. c. 151B, negligent infliction of emotional distress, defamation, and loss of consortium. Attorney for the defendant, Hit or Miss, was Sara Goldsmith Schwartz.
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Almeida v. The Children's Museum
28 F. Supp. 2d 682 (D. Mass. 1999) The Firm represented The Children's Museum in successfully moving to dismiss the plaintiff's Title VII sexual harassment claims as untimely, and because there was no constructive discharge or continuing violation. Attorney for the defendant
was Sara Goldsmith Schwartz.
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Bhawan v. Fallon Clinic, Inc.
5 F. Supp. 2d 64 (D. Mass 1998). The Firm represented Fallon Clinic, Inc. in successfully moving for dismissal of a former employee's claims under the Massachusetts Equal Rights Act and for breach of implied covenant of good faith and fair dealing. Attorney for the defendant, Fallon Clinic, Inc., was Sara Goldsmith Schwartz.
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Smith v. Fallon Clinic, Inc.
8 Mass. L. Rptr. 518, 1998 WL 296900 (Mass. Sup. Ct., Worcester Co., June 3, 1998). The Firm represented Fallon Clinic, Inc. in successfully moving for dismissal of claims of wrongful termination, breach of contract, intentional or negligent infliction of emotional distress and loss of consortium. Attorney for the defendant, Fallon Clinic, Inc., was Sara Goldsmith Schwartz.
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Cathey v. Fallon Clinic, Inc.
2001 Mass. Super. LEXIS 237, No. 97-00988A (Mass. Sup. Ct., Worcester Co., July 3, 2001). The Firm represented Fallon Clinic, Inc. in successfully moving for summary judgment. The court dismissed the plaintiff's age discrimination claim as preempted by ERISA, and dismissed his retaliation claim. Attorney for the defendant was Sara Goldsmith Schwartz.
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United Steelworkers of America, AFL-CIO v. OCI Chemical Corporation, NLRB Case No. 27-CA-19425-1
Case No. 27-CA-19425-1 (National Labor Relations Board ['NLRB'], January, 2005).
The Firm successfully represented the Employer against an unfair labor practice charge that the Employer had unlawfully suspended and unlawfully terminated a former employee because the former employee was an 'active campaigner for union representation.' The attorney for OCI Chemical Corp. was William E. Hannum III.
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Dare Family Services, Inc. v. Industrial Workers of the World
Case No. 1-RD-2054 (National Labor Relations Board [“NLRB”], December, 2004).
The Firm represented a social services organization with respect to its employees’s successful effort to decertify the union.
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Robie Window Systems, Inc., Employer, and International Brotherhood of Painters and Allied Trades District Council 35, AFL-CIO
Case No. 1-RC-21801 (National Labor Relations Board [“NLRB”], November 29, 2004). The Firm successfully represented a construction-industry company in successfully defeating a union’s organizing campaign seeking to represent the company’s employees. After the election was held several votes were challenged by the company and the union, which were sufficient to affect the outcome of the election. Ultimately, after a hearing officer at the NLRB ruled in the company’s favor on all but one of the challenged ballots, and thus the Firm’s client won the election. Attorney for Robie Window Systems was William E. Hannum III.
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Keystone Dental, Inc. v. Netter
Civil Action No. 08-10079-JLT (United States District Court for the District of Massachusetts, January 31, 2008). The Firm was successful in defeating Keystone Dental, Inc.’s Motion for a Temporary Restraining Order and/or Preliminary Injunction and Motion for Expedited Discovery in a matter alleging that Defendant was in violation of the terms of a non-competition agreement. Attorneys for the plaintiff was William E. Hannum III and Todd A. Newman.
View Order>
J.D.H. Fitness Inc. d/b/a Fitness Together v. Ari B. Selig, ABS Fitness LLC, et al.
Civil Case No. 06-00711 (Middlesex Superior Court, April 20, 2006). The Firm successfully represented Plaintiff in obtaining a preliminary injunction enforcing a non-competition agreement in its entirety. The preliminary injunction runs for one year from the issuance of the preliminary injunction (not just from the date when the breach of the non-competition agreement first occurred). The Court's ruling requires Defendants to shut down the competitive business for a year, unless the business moves outside the geographical restriction contained in the non-competition agreement. In addition, Defendants are prohibited from soliciting or providing services to Plaintiff's customers for one year from the issuance of the preliminary injunction, regardless of the geographic location of the business. Attorneys for the plaintiff was William E. Hannum III and Todd A. Newman.
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Legal Seafoods, Inc. v. Paul Segesdi and Starwood Hotels and Resorts Worldwide, Inc.
Civil Action No. 02-5007C (Suffolk County Superior Court, June 26, 2003). The Firm was successful in defeating Legal Seafood’s Motion for Preliminary Injunction and obtaining a Stipulation of Dismissal with Prejudice of all claims alleging that Defendant was in violation of the terms of a non-competition agreement with Plaintiff. Attorney for the defendants was William E. Hannum III.
Modis Inc. v. The Revolution Group, Ltd. et al
28 M.L.W. 1008, 1999 WL 1441918 (Mass. Sup. Ct., Essex Co., December 29, 1999). The Firm represented Modis in successfully moving for a preliminary injunction enjoining three former employees and their new company from soliciting clients and from employing each other or other former employees of Modis. Attorneys for the plaintiff were Sara Goldsmith Schwartz and William E. Hannum III.
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