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Liz Valerio and Nick Dominello Present at 2024 Massachusetts Association of School Committees (“MASC”) and Massachusetts Association of School Superintendents (“MASS”) Annual Joint Conference

On Thursday, November 7, 2024 Liz and Nick presented at the MASC/MASS Annual Joint Conference in Hyannis.  Liz and Nick discussed current trends in collective bargaining.

Appeals Court Answers a Question “Left Open” for Forty Years and Decides That School Districts Cannot Withhold Professional Teacher Status from Teachers Who Had Time of Service Interrupted by Protected Leave Once the Teacher Works the Number of Missed School Days to Complete “Three Consecutive Years”

On October 25, 2024, the Massachusetts Appeals Court issued a decision in Chaloff v. Westwood Public Schools, 105 Mass. App. Ct. 13 (2024). The decision reversed a ruling by the Superior Court which denied a claim brought by a teacher who argued that taking parental leave under G.L. c. 149, §105D should not require her […]

Appeals Court Holds That Erroneously Deducted Contributions Cannot Be Considered “Regular Compensation” to Determine an Employee’s Accidental Disability Retirement Allowance

On October 7, 2024 the Massachusetts Appeals Court issued a decision in O’Malley, et al. v. Contributory Retirement Appeal Board, et al., No. 23-P-1147 (2024). That decision affirmed a decision by the Contributory Retirement Appeal Board (“CRAB”), which had denied a claim by two former employees that retirement deductions for certain work they had performed […]

Three VDH Attorneys Named 2024 Massachusetts Super Lawyers and Rising Stars

Robert D. Hillman and John Foskett have been named Massachusetts Super Lawyers for 2024 and Jennifer F. King has been named a Massachusetts Rising Star.  Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. This selection process includes independent research, peer nominations […]

U.S. District Court Grants Summary Judgment for District on Teacher’s Breach of Contract Claim That Her Termination Violated Just Cause Limitation in CBA

On August 28, 2024 the United States District Court for the District of Massachusetts issued a decision in Rossman v. Nashoba Regional School District (Civil No. 3:21-cv-40042-KAR). That decision granted a school district’s motion for summary judgment on a claim brought by a teacher without professional teacher status. The teacher asserted that her dismissal breached […]

DC Court of Appeals Concludes Federal Agency’s Enforcement of a Social Media Moderation Policy Prohibiting “Off-Topic” Posts Violated the First Amendment

On July 30, 2024, the U.S. Court of Appeals for the District of Columbia issued a decision in People for the Ethical Treatment of Animals et al. v. Tabak (No. 23-5110), holding that the National Institute of Health’s (“NIH”) implementation of a social media policy prohibiting “off-topic” comments was unconstitutional under the First Amendment. The […]

Massachusetts Federal District Court Weighs in on the Existence of a Duty of Reasonable Care Between a Public School and a Student at Foreseeable Risk of Suicide

Massachusetts courts have not hesitated to recognize that public schools owe certain duties to their students. On July 1, 2024, the United States District Court for the District of Massachusetts issued a decision in Doe v. City of Northampton, No. 23-10358-MGM, adopting a Magistrate Judge’s report and recommendation relative to a Defendant City’s motion to […]

Liz Valerio and Nick Dominello Presented at 2024 MASC Summer Institute

On Friday, July 12th Liz presented at the 2024 Massachusetts Association of School Committees (MASC) Summer Institute. Liz hosted a workshop on preparing for collective bargaining. On Saturday, July 13, 2024 Nick hosted a workshop on challenges in collective bargaining.

First Circuit Affirms Decision Dismissing Free Speech Retaliation Claim by Teacher Based on Pre-Employment Social Media Posts

On June 28, 2024, the United Stated Court of Appeals for the First Circuit issued a decision in MacRae v. Mattos, No. 23-1817, affirming a District Court’s grant of summary judgment in favor of the defendants, Hanover Public Schools (the “District”) and two District administrators who were alleged to have retaliated against a teacher for […]

U.S. Court of Appeals Affirms Denial of Student’s Preliminary Injunction in “There Are Only Two Genders” T-Shirt Case

In June, 2023, the federal District Court for Massachusetts declined to issue a preliminary injunction that had been requested by a student in L.M. v. Town of Middleborough, No. 1:23-cv-11111-IT. The student sought to enjoin the school defendants from enforcing the school dress code to prohibit the student wearing a T-shirt with the message “THERE […]