The Massachusetts Health Care Whistleblower Statute, M.G.L. c. 49, § 187 (“Whistleblower Statute”), prohibits employers from retaliating against employee health care providers who report certain misconduct. Yet it was not until recently in Luu v. Fallon Serv., Inc., 105 Mass. App. Ct. 236 (2025), that the Massachusetts Appeals Court expanded the broad definition of “health care providers” to specifically include Emergency Medical…
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Developments in the Dynamic World
of Business and Employment Law
The Massachusetts Supreme Judicial Court (SJC) will soon hear argument in Miele v. Foundation Medicine, Inc., a case that is set to resolve a much-debated ambiguity in the Massachusetts Noncompetition Agreement Act (MNAA). The MNAA requires noncompete agreements entered into during or at the start of employment to meet certain standards in order to be enforceable. For one example, such…
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Bennett & Belfort founding partner, David E. Belfort, was recently quoted in a Springfield Republican article about a whistleblower case filed on behalf of a B&B client, a medical professional against her former employer, a hospital. The case is currently pending in Suffolk Superior Court. Attorney Belfort’s client, the employee-plaintiff, alleges that her employer terminated her for consistently flagging and…
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B&B Partner Michaela May spoke to Massachusetts Lawyers Weekly recently on an appellate decision permitting an oil technician’s disability discrimination claim to proceed to trial. In Sutherland v. Peterson’s Oil Service, the technician regularly updated his employer about his knee injury and was terminated very soon after notifying his employer that he was able to return to work. May told…
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Bennett & Belfort founding partner David E. Belfort’s successful appeal in Hidalgo v. Watch City Construction Corp., et al. was recently featured in a front page Massachusetts Lawyers Weekly (MLW) article entitled “Employer’s Wage Act counterclaims tossed as SLAPP suits.” The case involved B&B client, Plaintiff Andres Hidalgo, whose wage action was met with counterclaims for abuse of process and…
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Bennett & Belfort founding partner David E. Belfort and attorney Nafisa Bohra, with the assistance of appellate counsel Robert S. Mantell, won a significant appellate victory that affirms the protections afforded by the Massachusetts’ anti-strategic lawsuit against public participation (“SLAPP”) statute. The so-called “Anti-SLAPP” law protects litigants, including employees, who assert their rights in court and are then countersued for…
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B&B Founding Partner, Todd Bennett, was recently quoted in “Massachusetts Lawyers Weekly” (MLW) in connection with a decision by the First Circuit Court of Appeals affirming dismissal by the lower court of age discrimination claims against Trader Joe’s. The case highlights important considerations relating to strategy when bringing employment discrimination claims. The case, Cocuzzo v. Trader Joe’s East Inc., et…
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Bennett & Belfort, P. C. is proud to announce that partners David E. Belfort, Todd J. Bennett, Eric R. LeBlanc, and Craig D. Levey have been recognized as Best Lawyers in Boston Magazine in the practice category Labor and Employment. Attorneys Belfort, Bennett, LeBlanc, and Levey were honored for their outstanding legal talent as recognized by their lawyer colleagues in…
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