Business Litigation: May 2019 Archives

Court Grants Summary Judgment to Employer on Former Employee's Claim of Gender-Based Associational Discrimination and Retaliation

In Baer v. Montachusett Regional Technical School District (D. Mass. May 17, 2019), the United States District Court for the District of Massachusetts granted summary judgment to an employer on a former employee's claim that he was discriminated and retaliated against because of his association with his wife, who was also a former employee. 

Business Litigation Section Holds That Director In Professional Corporation Owes Fiduciary Duty To Fellow Shareholders

In a fascinating decision, the Business Litigation Section of the Superior Court of Massachusetts recently held that a terminated doctor/shareholder could bring a breach of fiduciary duty action against the controlling director.  

School district fails to establish that full-time work is an essential function of a teacher's position in summary judgment proceeding

Last month in Incutto v. Newton Public Schools, et al., the United States District Court - District of Massachusetts denied a Newton Public Schools' motion for summary judgment regarding a former kindergarten teacher's claim for disability discrimination, despite the school district's assertion that the teacher's ability to work full-time was an essential function of her job as a full-time teacher. 

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