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  • Posts by Susan K. Tvrdy
    Associate

    Susan K. Tvrdy is an associate in Nutter’s Litigation Department. She works with clients primarily in the areas of product liability, commercial, and employment litigation. Clients rely on Susan to assist them with each phase of ...

Judge Salinger addressed an issue that divides federal district courts: Do state courts have subject matter jurisdiction over covered class actions under the Securities Act of 1933? Judge Salinger answered, in Fortunato v. Akebia Therapeutics, Inc., et al., that state courts have concurrent jurisdiction over these claims.

Judge Leibensperger decertified a class of current and former employees of Federal Management Co., Inc. (Federal), who alleged that Federal failed to pay them overtime, after post-certification discovery revealed that the named plaintiffs were not adequate class representatives.

Two years ago, the court certified a class of “all current and former Property Managers” employed by Federal from January 1, 2005 to the present under Mass. R. Civ. P. 23. While these Property Managers were paid a salary and annual bonus, they were not paid for overtime hours worked because Federal designated a Property Manager “as a bona fide executive, or administrative or professional person earning more than eighty dollars per week” in accordance with G.L.C. 151, s. 1A. Thus, Federal argued that these employees were exempt from receiving overtime pay.

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