Argument: September 2010

Keywords: Public Employees - Sovereign Immunity - Torts

Question Presented: Whether claims of private nuisance against public employers are subject to the limitations of the Mass. Tort Claims Act.

Facts: The defendant Mass. Department of Transportation (“MassDOT”) granted permits for certain private parties to modify a state highway next to the plaintiff’s property, as part of a construction project …

Read more »

Argument: September 2010

Keywords: Administrative Law - Civil Procedure - Discrimination - Employment - Public Employees

Question Presented: Whether a defendant’s appeal permits a plaintiff to retract acceptance of remittitur; whether a jury damage award for hostile work environment may be based on a pattern of conduct not alleged in an MCAD complaint.

Facts: The plaintiff, who is gay, was the only woman employed by the Somerset Highway Department from 1984 to 2000. In 2000, she filed a claim with the Mass. Commission Against …

Read more »

Argument: March 2, 2010

Keywords: Public Employees - Torts

Question Presented: Whether the Office of the Chief Medical Examiner (“OCME”) owes a duty to next of kin to provide proper identification, after being notified that it may have released misidentified remains.

Facts: The plaintiffs’ son was killed in a plane crash along with the pilot. After receiving and burying their son’s remains, the parents obtained a copy of the autopsy report …

Read more »

Argument: May 4, 2010

Keywords: Arbitration - Employment - Labor Unions - Public Employees

Question Presented: Whether an “evergreen clause” extending a collective bargaining agreement (CBA) for public employees beyond three years is enforceable.

Facts: A CBA in force from 2001 to 2004 required the Boston Housing Authority (BHA) to maintain a staff of 16 firemen, despite the fact that, by the year 2000, the …

Read more »

Amicus due February 16, 2010 - Argument: May 2010

Keywords: Administrative Law - Education - Public Employees - Retirement - Social Security

Question Presented: Whether Social Security qualifies as a “retirement allowance, annuity or pension,” disqualifying certain private school teachers from participation in the state pension system.

Facts: The plaintiffs are teachers who for part of their careers were employed by private schools that solely served special education students funded by the state. The issue is whether the …

Read more »