- Posts by Ashley M. PaquinAssociate
Ashley M. Paquin is an associate in Nutter’s Litigation Department. Ashley focuses her practice on advising clients in a broad range of matters, including commercial litigation, government enforcement actions, and product ...
In Cabrera v. Auto Max, Carlos Cabrera moved to certify a class of Auto Max vehicle purchasers who did not receive disclosures informing them that their vehicles had suffered structural/frame damage. Auto Max’s alleged failure to provide those disclosures, Cabrera alleged, violated 940 Code Mass. Regs. §§ 3.05(1) and 3.16(2)—and, in turn, G. L. c. 93A.
Judge Kaplan denied the class-certification motion for two main reasons.
Judge Sanders certified a class of more than 18,000 Six Flags seasonal employees complaining that the amusement park failed to pay overtime.
The park pays its seasonal employees on an hourly basis, but not overtime. In support of this policy, Six Flags relied on G.L. c. 151, § 1A(20), which excuses amusement parks from paying overtime if they do not operate more than 150 calendar days a year. The plaintiffs countered that in recent years Six Flags recorded attendance at the park on 150 days or more—in addition to days when the park is open for private or special events. Judge Sanders granted the motion for class certification because the plaintiffs’ claim that Six Flags operated more than 150 days of the year was common to all members of the overtime class.
During discovery, plaintiff America’s Test Kitchen moved to compel production of documents withheld under a claim of attorney-client privilege. The defendants had withheld certain communications with an outside consultant to their business – CPK Media, LLC – regarding legal advice sought by the LLC.
In Anesthesia Associates, Judge Salinger rejected the plaintiff’s motion for a preliminary injunction because, in essence, the motion constituted a premature creditor’s bill.
- Senior Editor, Co-Chair, Business Litigation Practice Group