Erica Brody and Amy Bratskeir recently obtained a full dismissal of all claims against their school department clients in federal court. The Plaintiff, a former school adjustment counselor for the Falmouth Public Schools, alleged multiple violations of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, M.G.L. c. 151B, § 4, the First Amendment, and Massachusetts common law protections for at-will employees. After summary judgment, the court rejected those arguments, ruling instead that no reasonable jury could conclude that the Plaintiff was exposed to a hostile work environment or that she was terminated because of her disabilities or her advocacy for disabled and minority students. The court entered judgment on all counts for BHPK’s clients.
BHPK attorneys on the 2024 list of Massachusetts “Super Lawyers” and “Rising Stars”
BHPK is proud to announce the selection of several of our attorneys to the 2024 list of Massachusetts “Super Lawyers” and “Rising Stars” by Super Lawyers magazine. The annual Super Lawyers list honors outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The Rising Stars list is reserved for only the top 2.5% of lawyers in Massachusetts who are either 40 years old or younger, or who have been in practice for 10 years or less. Please join us in congratulating Rick Brody, Larry Hardoon, Sam Perkins, Lenny Kesten, Jocelyn Sedney, Deidre Regan, Tom Donohue, Andrew Rainer, Tony Agudelo and Erica Brody for being named as Super Lawyers for 2024, and Francesca Papia for her recognition as a “Rising Star” for 2024. Congratulations to all!
Greg Pagnini was recently named a “Go to Lawyer” for higher education by Massachusetts Lawyers Weekly
Greg Pagnini was recently was named a “Go to Lawyer” for higher education by Massachusetts Lawyers Weekly. Go To Lawyers is a feature they debuted in 2020 to showcase leaders in the Massachusetts legal community by practice area. The lawyers featured this year were all nominated by their colleagues and chosen by a panel from Lawyers Weekly for being experienced attorneys who are experts in this field. As BHPK’s resident school law expert, Greg has been providing sound legal advice and guidance to school districts in every facet of employment law for more than a decade. He routinely appears on behalf of public school districts in arbitrations, labor negotiations, and disciplinary hearings, while also advising school officials throughout the Commonwealth on best practices and policies to help districts create and maintain collaborative and safe educational environments. Congratulations to Greg on this well-deserved recognition!
BHPK Welcomes Three New Associates
BHPK is excited to introduce three new attorneys to the firm – please join us in welcoming Natasha Meserve, Crystal Huff and Michael Glennon to our award-winning team of attorneys!
Natasha Meserve joins BHPK after working as counsel for a major insurance company, where she represented policyholders in both individual and business lawsuits, as well as first-party claims, motor vehicle accidents, construction and premises liability cases. She also represented the company on matters of breach of contract and auto body claims. At BHPK, she practices primarily in the areas of employment, civil rights, and insurance defense litigation.
Crystal Huff previously served as Town Solicitor for the Town of Braintree, representing the Town in litigation before administrative agencies, state and federal courts, as well as sec courts of appeal in matters of labor and employment law, land use and environmental law, construction law, election law, permitting and contractual disputes. She also provided comprehensive legal counsel to the Mayor, municipal departments, boards, and the Town Council. She brings extensive experience representing municipalities across the Commonwealth and focuses her practice at BHPK on defending public employers and public entities in complex civil rights and discrimination cases before state and federal courts.
Michael Glennon is an experienced trial attorney specializing in all manner of personal injury and tort claims, criminal law, construction site injuries, civil rights claims, sexual assault and sex-trafficking, and premises liability. Prior to BHPK, he spent over a decade with the Suffolk County District Attorney’s Office, as both an Assistant District Attorney and finally, as Chief of the Juvenile Unit for seven years where he handled youth and adult indictments and investigations of sexual assault, gang crimes involving firearms and significant violence, human trafficking, child pornography, and robberies. He also created and supervised the nationally recognized Juvenile Alternative Resolution (JAR) diversion program. In addition to case work, Mike has been an adjunct faculty member at Suffolk University Law School since 2022, teaching courses in professional responsibility.
Sam Perkins has been inducted into the Lawyers Weekly Hall of Fame for 2024
BHPK is thrilled to share that Sam Perkins has been inducted into the Lawyers Weekly Hall of Fame for 2024! A founding partner here at BHPK, Sam has been an integral part of important and precedent-setting litigation over the past several decades, the likes of which have had wide-ranging implications across the Commonwealth and beyond. In 2006, he was named a Lawyers Weekly Lawyer of the Year for his work to protect women’s reproductive health rights – litigation that forced Wal-Mart to stock Plan B nationwide. His class action victories resulted in both Staples and Pep Boys having to grant substantial refunds to consumers for pricing violations. He has also achieved multi-million-dollar settlements in claims against auto manufacturers and ridesharing companies and scored major recoveries for employees experiencing ethnic and racial discrimination in their jobs.
He is everything the best lawyers should be and we are proud to celebrate every deserving accolade that comes his way. To see the full list of 2024 inductees, please click here: https://masslawyersweekly.com/event/massachusetts-lawyers-hall-of-fame/
First Circuit Court of Appeals Affirms District Court Decision Granting Summary Judgment to BHPK’s Municipal Clients
Greg Pagnini and Deidre Regan recently scored a major win in the First Circuit Court of Appeals for their municipal clients. The Plaintiff – a former teacher – alleged that she was terminated from her employment with the Hanover Public Schools after controversial memes she’d posted to her personal TikTok account came to light. The Appeals Court agreed that the Defendants had not violated the Plaintiff’s First Amendment rights, and affirmed the district court’s decision granting summary judgment to BHPK’s municipal clients.
Read the full decision here: https://www.ca1.uscourts.gov/…/opnfiles/23-1817P-01A.pdf
Appeals Court Overturns Denial of Summary Judgment Based on Common Law Immunity
After oral argument in March, the Appellate Court overturned the lower court’s denial of summary judgment for Beverly Police Chief John LeLacheur. BHPK’s Francesca Papia successfully argued that an unintentional disclosure of information cannot form the basis for an invasion of privacy claim under common law immunity principles.
BHPK’s Francesca Papia and Michael Stefanilo, Jr. secured a dismissal on behalf of their municipal client
BHPK’s Francesca Papia and Michael Stefanilo, Jr. secured a dismissal on behalf of their municipal client against claims of age and disability discrimination brought by a part-time employee who was aggrieved by the Town’s decision to combine two positions. Despite being offered other employment opportunities with the Town, the employee refused them and sued. The case was dismissed after investigation and argument from the parties.
Superior Court Rejects Profit-Sharing as a “Commission” Subject to the Wage Act
On January 31, 2024, in Mehra v. Boston Globe Media Partners, LLC, a Massachusetts Superior Court judge held that profits available under a profitsharing agreement were not “wages” subject to the Massachusetts Wage Act. This case serves as a significant point of reference for both employers and employees navigating the complexities of compensation structures within the purview of the Wage Act.
BHPK partner Michael Stefanilo, Jr.’s federal litigation currently pending in the United States District Court for the District of Massachusetts
As a result of BHPK partner Michael Stefanilo, Jr.’s federal litigation currently pending in the United States District Court for the District of Massachusetts, after several years of him and his client and co-counsel fighting for what is right, the VA has announced that it will amend its policy to afford IVF to same-sex couples. This follows the Department of Defense committing to similar changes last month.
The arc of the moral universe is long, but it bends towards justice.
https://news.va.gov/129390/va-provide-vitro-fertilization-veterans-same-sex-marriages/