Employment Law and the “Cat’s Paw” Theory of Liability

In a recent decision, the 1st Circuit Court of Appeals affirmed a lower court summary judgment for the Defendant employer in a case in which the Plaintiff asserted what is known as the “cat’s paw” theory of liability.  Under this theory, where an employer takes adverse action against an employee (i.e. termination or discipline), even…

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Snow & Ice

Business owners should be aware of the potential liability they may face for slip & fall incidents that occur on their property. Up until 2010, an individual who was injured because she slipped & fell on a “natural accumulation” of ice or snow had no legal recourse. This resulted in plaintiff attorneys needing to prove…

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Car Accidents- Tort threshold

In Massachusetts, a person that has been injured in a motor vehicle accident as a driver or passenger must incur a minimum of $2,000.00 in medical expenses as a prerequisite to recover damages for pain and suffering. Under Massachusetts General Laws c. 231, §6D, a Plaintiff may recover for pain and suffering (including, in some…

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