Entries by kirsten

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Sexual Abuse Lawsuit Against Town Voluntarily Dismissed

Doe v. Town of Wayland, et al. Pierce Davis & Perritano attorneys John Davis and John Wilusz recently secured the voluntary dismissal of a lawsuit relating to allegations of sexual abuse brought against the Town of Wayland, one of its administrators, and a local educational collaborative, The Education Cooperative (TEC). Plaintiff, John Doe, alleged he […]

Appeals Court Confirms Plaintiffs’ Claims Governed by Massachusetts Tort Claims Act — Town Is Immune

Venkataraman v. Graniteville Woods, LLC, 91 Mass. App. Ct. 1131 (2017) In a case defended by Attorney John J. Davis of Pierce Davis & Perritano LLP, the Massachusetts Appeals Court recently affirmed a judgment of dismissal entered by the Middlesex Superior Court in favor of the Town of Westford, the Westford Building Commissioner and the former […]

John Davis to Speak on “Employment Discrimination – Defending the Municipal Client,” at the MMLA Annual Meeting

John Davis is presenting “Employment Discrimination – Defending the Municipal Client” at the MMLA Annual Meeting and Conference on September 15, 2017. Click here for more information: MMLA 2017 Annual Meeting and Conference Mr. Davis is head of the firm’s Governmental Liability and Civil Rights Practice Group. His practice focuses on the defense of cities, towns, and other public employers in […]

Are You Ready? – Massachusetts Enacts the Equal Pay Act

Massachusetts Equal Pay Act In under one year (July 1, 2018), the Massachusetts Equal Pay Act will take effect and all Massachusetts employers must pay their employees equal wages without regard to gender. With this effective date looming, employers would be wise to take immediate steps to ensure compliance with the provisions of this new […]

Commonwealth Not Immune for Decision of State Police K-9 Handler to Release Dog

Dudley v. Massachusetts State Police, 91 Mass. App. Ct. 616 (June 1, 2017) The Appeals Court has taken yet another bite out of the immunity traditionally afforded public employers under the Massachusetts Tort Claims Act (MTCA). In Dudley v. Massachusetts State Police, the Court rejected the Massachusetts State Police’s (State police) discretionary immunity claim for […]

Court Grants Town’s Motion to Dismiss in Abutters’ Complaints about Opening of Dam

Kerri Lummus, et al. v. Town of Boxford, et al., Essex County Superior Court, C.A. No. 16-01902 (June 7, 2017) The Essex Superior Court recently granted a Motion to Dismiss in favor of the Town of Boxford in a matter involving the abutters of a privately-owned dam. The plaintiffs alleged that the owner of the […]

Toxic Torts Alert: Each and Every Exposure Theory

Trending Topic: Each and Every Exposure Theory Since last Spring, a number of courts have addressed the validity of the “each and every exposure” theory (also known as the “any exposure,” “special exposures,” “cumulative exposures,” “single fiber” or “one fiber” theory) as a basis for meeting a plaintiff’s causation burden in asbestos exposure cases. Those […]

PDP’s Developments in Municipal Law Is Going Digital

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Court Dismisses Plaintiff’s Claims that Airport Commission Conspired to Perpetuate a Competitor’s Monopoly on Jet Fuel Sales

Boston Executive Helicopters, LLC v. Town of Norwood, et al. The plaintiff, a private air carrier at Norwood Memorial Airport, sued the Norwood Airport Commission (NAC) and the Airport Manager alleging breach of contract, violation of procedural and substantive due process, threats, intimidation and coercion pursuant to the Massachusetts Civil Right Act (MCRA), and state […]

PDP Defends Town in Religious Cemetery Land Use Case

Islamic Society of Greater Worcester v. Town of Dudley Attorney John J. Davis recently defended the Town of Dudley, MA, and several Town officials in an action filed in Massachusetts Land Court by the Islamic Society of Greater Worcester (“ISGW”). In a case that garnered national attention, the ISGW claimed that Town officials had unlawfully thwarted […]