Trial tested.
Results driven.

Legal Developments

EMPLOYMENT LAW

Retaliation for Personnel Files

The Massachusetts Supreme Judicial Court’s recently issued an important decision granting a terminated employee the right to pursue a retaliation-wrongful termination claim against his employer for exercising the right to file a rebuttal to be included in his personnel file as provided by G. L. c. 149, § 52C, which controls how employers maintain personnel files in the Commonwealth.  In Meehan v. Medical Information Technology, Inc., No. SJC-13117, Meehan who was an at-will employee was terminated after he sent his supervisor a rebuttal to having been placed on a performance improvement plan.  Meehan filed suit against the employer Meditech for wrongful discharge in violation of public policy. The Superior Court Department, Norfolk County granted Meditech’s motion to dismiss.  Meehan then appealed to the Massachusetts Appeals Court which affirmed. Meehan then filed application for further review, which was granted by the Supreme Judicial Court.

Results

Attorneys Laura Devine and Mike Johnson successfully defended their client before a jury in a motor vehicle negligence lawsuit. Attorneys Devine and Johnson tried the matter before a jury in the State of New Hampshire Hillsborough South. Liability and damages were contested.  Before trial, plaintiff’s counsel demanded the policy limit of $5 million to resolve the case.  The plaintiff alleged that his multiple total knee reconstructions and multiple joint infections were causally related to the accident.  The plaintiff’s expert orthopedic surgeon testified that the treatment, surgeries and infections were directly related by the injury sustained in the accident.  Plaintiff had medical bills of over $450,000.00.  Attorneys Devine and Johnson disputed liability, claimed the plaintiff was comparatively at fault and disputed the damages beyond the treatment of the day of the accident.  The jury determined that liability was shared with the plaintiff  50/50, thus ultimately halving the verdict. Concerning damages, the jury awarded damages in the amount of $11,455, which represented the ambulance and emergency room visit on the day of the accident.

Our Firm

A group of Boyle | Shaughnessy employees recently volunteered with Habitat for Humanity of Greater Boston.  The group assisted with building the interior of a multi-unit home in Malden.  We unloaded nearly 10 tons of drywall through the second story windows of the home.  It was heavy work, but a great day of teamwork and giving back to our community.