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Appeals Court Holds That Erroneously Deducted Contributions Cannot Be Considered “Regular Compensation” to Determine an Employee’s Accidental Disability Retirement Allowance
Posted: /in News /by Heather McCarthyOn 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
Posted: /in News /by Heather McCarthyRobert 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
Posted: /in News /by Heather McCarthyOn 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
Posted: /in News /by Heather McCarthyOn 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
Posted: /in News /by Heather McCarthyMassachusetts 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
Posted: /in Events, News /by Heather McCarthyOn 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
Posted: /in News /by Heather McCarthyOn 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
Posted: /in News /by Heather McCarthyIn 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 […]
Appeals Court Clarifies the Three-Stage Burden Shifting Test in Cases Alleging Retaliation in Violation of G.L. Chapter 150E
Posted: /in News /by Heather McCarthyIn City of Newton v. Commonwealth Employment Relations Board (“CERB”), No. 23-P-455 (May 22, 2024), the Appeals Court has clarified the three-stage burden shifting test that applies in a case alleging retaliation for the exercise of protected rights by a union member where the claim relies on circumstantial evidence of the employer’s retaliatory motive. The […]
Appeals Court Reiterates Vacation Time Accrued Under the Terms of a Contract is Protected by the Wage Act
Posted: /in News /by Heather McCarthyOn May 14, 2024, the Appeals Court issued a summary decision in Convey v. Commonwealth of Massachusetts & another, 22-P-930, holding that vacation time accrued under the terms of a collective bargaining agreement (“CBA”) constituted “wages” protected by the Wage Act and, therefore, could not be bargained away by the Union. The plaintiff, an adult […]