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Nick Rosenberg Argues Wage Case at Supreme Judicial Court

NJR SJCOn November 8, 2018, Nick Rosenberg argued before the Massachusetts Supreme Judicial Court on behalf of Gardner & Rosenberg clients representing a class of terminated employees.  The case involves the question of whether claims for pay upon an employee’s termination without notice, required by the Federal Workers Adjustment Retraining and Notification Act (“WARN”), can be the basis for a claim under the Massachusetts Wage Act.  See video of the argument here.

 

Gardner & Rosenberg “SLAPPS” Back for Clients

In two recent cases, Gardner & Rosenberg won motions to dismiss under the so-called Anti-SLAPP statute. The law is designed to prevent lawsuits brought to stifle participation in petitioning activities to the government. The statute is a powerful shield against suits brought to deter a party from exercising its legal rights. The court must award attorney fees to a party that brings a successful motion.

In the first case, Gardner & Rosenberg represented a commercial tenant who complained to a town Board of Health about the conditions in its offices, and then brought suit to be relieved from its lease. The landlord counterclaimed against the tenant claiming the tenant exaggerated the scope of the issues to the town board. The court agreed with Gardner & Rosenberg that its client’s acts of speaking to the Board of Health and bringing suit were protected petitioning activity, and dismissed the landlord’s claim. Click here for a copy of the court’s decision.

In the second case, a tenant brought suit against its landlord concerning conditions at its property. The landlord then brought a separate lawsuit against the tenant’s attorneys, claiming that the attorneys “conspired” with the tenant to bring the first case. Gardner & Rosenberg represented the tenant’s attorneys in the suit against them. The court fully agreed with Gardner & Rosenberg that the attorneys’ acts in representing their client in the case against the landlord were protected petitioning activity, and dismissed the claims against the attorneys. Click here for a copy of the court’s decision.

Massachusetts Appeals Court Sides With Gardner & Rosenberg On Enforceability of Settlement Memo

The Massachusetts Appeals Court sided with Gardner & Rosenberg and overturned a Superior Court decision that had found a settlement memo enforceable.  The Appeals Court agreed with Gardner & Rosenberg’s arguments on behalf of its client that the memo was not enforceable because its terms were not complete.  The ruling allows for Gardner & Rosenberg to proceed with its client’s claims against several corporate officers for their alleged breaches of fiduciary duty.  Read the Appeals Court’s ruling…