- Posts by Alison C. CaseyAssociate
Alison C. Casey is an associate in Nutter’s Litigation Department and works with clients primarily on civil litigation, with an emphasis on intellectual property, employment, and commercial law matters. Clients rely on ...
Background: When the Massachusetts Gaming Commission (MGC) awarded a gaming license to Wynn to operate a casino in Everett, Massachusetts, MGC effectively chose Wynn over Mohegan Sun, which sought a license to operate a casino in Revere, Massachusetts. Mohegan Sun brought suit in the BLS, seeking to vacate the MGC’s decision. Mohegan Sun alleges that MGC improperly favored Wynn throughout the application process. Mohegan Sun further alleges that MGC did not properly apply the statutory standards for granting a casino license. After commencing suit, Mohegan Sun filed a motion to “complete the administrative record,” which sought production of, among other documents, communications between a quorum of MGC commissioners regarding the licensing proceedings.
Judge Kaplan reported the following question to the Massachusetts Appeals Court: “May a government agency invoke a termination for convenience clause contained in a procurement contract for the purchase of goods for the sole reason that it has learned of an opportunity to purchase the same goods at a lower price from another vendor?”
The question arose in a dispute between A.L. Prime Energy Consultant, Inc. (Prime) and the MBTA. In July 2015, Prime was awarded a two-year supply contract to provide the MBTA with Ultra Low Sulfur Diesel Fuel (ULSDF) after a public bidding process. A year later, the MBTA terminated the contract under the termination-for-convenience clause.
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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