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  • Posts by Eric P. Magnuson
    Partner

    Eric P. Magnuson co-chairs Nutter’s Business Litigation practice group. Blending practicality with tenacity and strategic thinking, Eric helps clients solve legal challenges so that his clients can focus on what they do ...

In Parker v. EnerNoc, Inc., Judge Salinger considered the plaintiff’s request for attorneys’ fees after the plaintiff prevailed on her employment-based claims at trial. According to Judge Salinger, the plaintiff did not submit “any real evidentiary support” for her attorneys’ hourly rates. Judge Salinger nonetheless relied on his own experience of “prevailing market rates for similar services by persons with comparable experience” to determine whether the fees were reasonable.

Last summer, Judge Salinger ruled in Oxford Global Resources, LLC v. Hernandez that a plaintiff employer’s litigation against a former employee belonged in California, not Massachusetts. The defendant was employed in California by the plaintiff, which is headquartered in Massachusetts. Judge Salinger dismissed the case on forum non conveniens grounds—despite the presence of a Massachusetts choice of law provision and a Massachusetts forum selection provision in the employment agreement.

In McCarthy v. Genesee & Wyoming Railroad Services, an employee brought a lawsuit against his former employer, alleging that the employer breached the parties’ contract by failing to pay the employee severance benefits. The employer moved to dismiss the complaint, arguing that the contract requires the parties to arbitrate disputes about its enforcement or interpretation. The employee counterargued that the contract, at the very least, is ambiguous. The arbitration provision, according to the employee, conflicts with the contract’s forum-selection provision. That latter provision states that “each party . . . consents to the jurisdiction of a competent court in Massachusetts to hear any dispute arising out of this Agreement.”

A business plaintiff’s assertion of a Chapter 93A claim could boomerang where the plaintiff moves to dismiss a Chapter 93A counterclaim. That’s a key takeaway from Judge Kaplan’s decision in Microsemi Corp. v. Langlois.

Judge Salinger granted summary judgment in favor of a defendant that violated Massachusetts debt collection law where a plaintiff failed to show an injury “separate” and “distinct” from the regulatory violation.

America’s Test Kitchen (ATK) commenced suit against Christopher Kimball, who used to work for ATK. The lawsuit arises from Kimball’s development of a competing business. ATK also sued William Thorndike, Jr. According to ATK, Thorndike misappropriated confidential information and aided and abetted Kimball’s breach of fiduciary duty.

Judge Salinger denied a motion to dismiss a lawsuit brought by the Massachusetts Attorney General against Equifax. The lawsuit stems from the massive Equifax data breach of 2017.

From footnote two of Massachusetts v. Equifax:

Judge Sanders issued an interesting summary-judgment decision in Bassett v. Triton Technologies. She teed up the issue this way:

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.

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