Paul Peter Nicolai
93A Defense Defeated
A former employee sued her former employer for trying to enforce a restrictive covenant preventing her from practicing her profession...
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Paul Peter Nicolai
- Sep 27
- 1 min
Town Rules Paved Over For Solar Development
A developer’s request to construct a solar energy system was denied because an access road to the facility through Waltham was a...
Paul Peter Nicolai
- Sep 20
- 1 min
COVID Losses Not Covered By All-Risk Policies
The Massachusetts Supreme Court has ruled that their all-risk property insurance policies did not cover business losses sustained by...
Paul Peter Nicolai
- Sep 6
- 1 min
Workers’ Comp Double Compensation Expanded
An injured employee was awarded double compensation since the employer intentionally failed to take adequate precautions in the face of a...
Paul Peter Nicolai
- Aug 23
- 1 min
FLSA v. State Law
A jury awarded damages to a group of employees under the Fair Labor Standards Act (FLSA) and the Massachusetts Wage Act even though there...
Paul Peter Nicolai
- Aug 16
- 1 min
Manufacturing & Remote Software
The Appellate Tax Board recently ruled that a business qualified as a manufacturer and a corporate excise reduction because it was...
Paul Peter Nicolai
- Aug 9
- 1 min
Limiting Unfair & Deceptive Practices Liability
Where a tenant filed a 93A complaint against the landlord, a limitation of liability provision in a lease did not protect the landlord...
Paul Peter Nicolai
- Jul 26
- 1 min
Investors can recover lost-expectation damages
An investor claimed a company owner lied when he sold him 1% of his company by not disclosing that outstanding options diluted his...
Paul Peter Nicolai
- Jun 28
- 1 min
Cannabis Employee’s Case Presents Novel Issue
A bankruptcy judge has been asked to decide whether an employee of a cannabis business is ineligible for Chapter 13 relief because his...
Paul Peter Nicolai
- Jun 21
- 1 min
Franchisees May Be Employees
The Massachusetts Supreme Court has ruled that the dispute over whether plaintiffs who entered into franchise agreements to operate...
Paul Peter Nicolai
- May 31
- 1 min
Deadlock Does Not Mean Dissolution
A 50% shareholder sued to have the corporation dissolved because of irreconcilable differences with the other 50% owner. The court...
Paul Peter Nicolai
- May 24
- 1 min
Contract Liquidated Damages Dumped
A plaintiff sued to enforce a contract that said that if the other side did business with any of its customers in five years, the...
Paul Peter Nicolai
- May 10
- 1 min
Triple Damages For Delayed Wage Payments Required
An employer waited three weeks before paying a terminated employee for accrued vacation time. The lower court found that since the...
Paul Peter Nicolai
- Apr 26
- 1 min
Terminating Agreement Snuffed Breach of Contract Claim
Delaware courts have decided that the plaintiff extinguished its breach of contract claims when it elected to terminate a merger...
Paul Peter Nicolai
- Apr 12
- 2 min
New Data Regulation
The regulation of data collection and its use marches on. Recent examples include: Illinois Illinois has a new law that took effect on...
Paul Peter Nicolai
- Mar 8
- 1 min
MA SUPREME COURT SAYS FIRING OVER PERSONNEL FILE REBUTTAL IS UNLAWFUL
An at-will employee fired when he filed a rebuttal letter for inclusion in his personnel file after being placed on a performance...
Paul Peter Nicolai
- Mar 1
- 1 min
SECURITIES CLASS ACTION REVIVED
Carbonite launched a data backup product in October 2018. It withdrew the product from the market in July 2019 after it could not remedy...
Paul Peter Nicolai
- Feb 22
- 1 min
Pennsylvania Supreme Court Rejects Business Registration as Consent to Personal Jurisdiction
The Pennsylvania Supreme Court struck down Pennsylvania’s consent-by-registration law. That law said that an out-of-state business...
Paul Peter Nicolai
- Feb 15
- 1 min
Three-year Reservation of Lots May be a Taking
A developer was required to reserve five building lots for potential municipal use for three years as a permit condition. A federal judge...
Paul Peter Nicolai
- Dec 28, 2021
- 1 min
MASS ADOPTS FLSA JOINT EMPLOYER TEST
The Massachusetts Supreme Court has decided that a company that entered into a subcontract for regional direct sales services for its...