BLS Blog

To help slow the spread of the COVID-19 pandemic, Governor Baker has ordered businesses to suspend physical operations unless he deems them “essential.” Under his emergency orders, Governor Baker considers medical-marijuana treatment centers (MTCs) and liquor stores to be essential, but he considers adult-use marijuana establishments to be non-essential.

For the second time, sanctions have been ordered against the plaintiff in Tam v. Federal Management Co., Inc., et al.

In 2016, we blogged about Judge Leibensperger’s sanction to disqualify Siew-Mey Tam as a class representative after finding that she made materially false and misleading statements in her affidavit to the court in support of her motion for class certification. These false statements came to light during post-certification discovery, when Tam’s deposition testimony revealed inconsistencies with her affidavit and cast substantial doubt on her credibility. Judge Leibensperger also decertified the class, in part, because of Tam’s inconsistent representations.

In Jackie 888, Inc. v. Tokai Pharmaceuticals, Inc., Jackie 888 sued Tokai on behalf of itself and a putative class of individuals who had purchased Tokai stock, alleging Tokai made misleading statements in an IPO registration statement and prospectus. Jackie 888 moved for class certification.

The COVID-19 pandemic continues to affect nearly every aspect of the legal profession, and practice in the BLS is no exception. Massachusetts courts have issued orders in recent weeks in an effort to maintain critical court operations, reduce the number of people entering courthouses, and alleviate the pressure of impending deadlines. 

In Galloway v. SimpliSafe, a putative class action of customer support representatives sued their employer, SimpliSafe, Inc., alleging various Massachusetts Wage Act violations, including failure to pay the plaintiffs “Sunday Premium Pay” as required by the “Sunday Pay Statute.” The defendant argued, among other things, that it was not subject to the “Sunday Pay Statute” because it was not a “store or shop.” The parties filed cross-motions for summary judgment. Judge Davis held that internet-based retail employers operating in Massachusetts must comply with the “Sunday Pay Statute.”