Latest Case Law

Susan Randall v. A.D. Makepeace Company

/ McLane Middleton / Leave a comment
Screen Shot - MCAD Decision Lack of Probable Cause

Click the image above to read the Dismissal.

By Andrew P. Botti

On February 28, 2018, the Commonwealth of Massachusetts Commission Against Discrimination (MCAD) dismissed the case Susan Randall v. A.D. Makepeace Company.

The complainant filed this action alleging that she was discriminated against on the basis of age and sex.

The Commission issued the following determination in dismissing the case: “Based upon the Commission’s investigation, the Commission is unable to conclude that the information obtained establishes a violation of the statutes.  This does not certify that the Respondent is in compliance with the statutes.  No finding is made as to any other issues that might be construed as having been raised by this complaint.”

To read the Dismissal, click here.

Gabriel Care LLC vs. Borden Care LLC

/ McLane Middleton / Leave a comment

By Andrew P. Botti

Gabriel Care vs. Borden Care

Commonwealth of Massachusetts Appeals Court – Gabriel Care vs. Borden Care

Gabriel Care, LLC vs. Borden Care, LLC, & another
For the first time a case involving competing visiting nurse associations has been reported out of the Massachusetts Appeals Court. Although by statute nurses are not subject to non-competes, there are still common law restrictions on what a present employee may do in preparation to compete.

“A duty of loyalty is imposed on an employee who occupies a position of trust and confidence.”  Gabriel Care, LLC v. Borden Care, LLC, et. al., 2016 Mass.App.Ct,  at page 10. With respect to a registered nurse who was planning to quit her current position with a foster care agency and start her own competing business, the Appeals Court held:

Continue reading →

Dodging the Bullet When Market Matters: Salesman Avoids Full Enforcement of Non-Competition Agreement with Ex-Employer

/ McLane Middleton / Leave a comment

By Andrew P. Botti

A recent case out of the Superior Court Business Litigation session in Boston illustrates the Court’s inherent power – when sitting in equity – to fashion an injunction which appears fair to all parties, given the circumstances of the case. In Simplivity Corporation v. Hofdahl, the Plaintiff corporation attempted to stop an ex-salesman from working for a company which had developed a similar high tech software product. The salesman had signed a “Proprietary Information and Inventions Agreement” which, among other things, prohibited him for one year after termination of employment, from:

Continue reading →