The B&B Docket Blog:

Developments in the Dynamic World

of Business and Employment Law


COURT PUNISHES COMPANY FOR HIDING THE ARBITRATION BALL   Congratulations to Bennett & Belfort attorneys Craig Levey, Jillian Guilfoyle and Todd Bennett who defeated a Motion To Dismiss and Motion To Compel Arbitration that was filed by a Defendant based on an Arbitration agreement that was not produced in response to a personnel file request under MGL c. 149 s….

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Uber Drivers Must Arbitrate Misclassification Claims

A Federal appeals court has ruled that a group of Uber drivers suing the company for misclassifying them as independent contractors instead of as employees must pursue their claims in arbitration. In this case, Capriole v. Uber Technologies, Inc., the drivers claim that under Massachusetts law, Uber should have classified them as employees. Because the company classified them as independent…

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Supreme Court Signals that ADA Failure-To-Accommodate Claims Do Not Require Additional “Adverse Action”

Last month, the United States Supreme Court declined to settle an apparent disagreement among the federal appeals courts over whether the ADA requires an employee bringing a failure-to-accommodate claim to show that they suffered an adverse-employment-action. The Supreme Court denied the employer’s request to hear the appeal in a case out of the Tenth Circuit, Exby-Stolley v. Board of County…

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B&B Attorneys Navigate New (Cleaner) Courtroom Environment in Successful Jury Trial

On May 26, 2021, Bennett & Belfort, P.C. attorneys Todd J. Bennett and Craig D. Levey completed a five-day jury trial in Middlesex Superior Court, where B&B’s clients prevailed on all counts for disability discrimination (failure to accommodate and termination) and retaliation. Due to the pandemic, this trial involved a number of measures put into place to prevent the spread…

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Belfort Quoted in MLW Regarding Compelling Arbitration Post Employment

B&B Partner David E. Belfort was quoted in the April 8th, 2021 issue of Massachusetts Lawyers Weekly (MLW) regarding the 1st U.S. Circuit Court of Appeals decision in Bossé v. New York Life Insurance Co., et al.   The article titled “1st Circuit kicks ex-employee’s race-bias claim to arbitration,” highlights the majorities’ analysis and conclusion that the employer’s delegation…

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