In Lubin & Meyer v. John J. Manning, Judge Salinger, sitting in the Business Litigation Session, ruled that Lubin & Meyer’s claims for breach of fiduciary duty against its former associate, John Manning, survived summary judgment.
According to Judge Salinger, Lubin & Meyer claimed that Manning breached his duty of loyalty to the firm by “continu[ing] to work on cases that the firm had rejected, l[ying] to clients about whether the firm was representing them, and l[ying] to the firm about what he was doing.”
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.