Paul Peter Nicolai
Workplace Drug Policies and State Marijuana Laws
Over the last two decades, over two-thirds of the states have passed laws authorizing the use of marijuana for medical purposes by...
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Paul Peter Nicolai
- Jan 10
- 1 min
Printing While Traveling Means No Privilege
A plaintiff withheld an email saying the attorney-client privilege protected it. The plaintiff’s CEO received the email from the...
Paul Peter Nicolai
- Jan 3
- 1 min
Embarrassing Emails Go Public
A court of appeals affirmed the district court’s ruling by concluding that emails were judicial records to which the common law right of...
Paul Peter Nicolai
- Dec 20, 2022
- 1 min
Criminal Acts & Condo Liability
A complaint was filed against a condominium association over the murder of a couple in their penthouse. The court ordered the negligence...
Paul Peter Nicolai
- Dec 6, 2022
- 2 min
Forced Waiver of Claims Kills Arbitration Clause
An arbitration agreement that requires parties to waive federal statutory claims is unenforceable. According to the U.S. Court of Appeals...
Paul Peter Nicolai
- Nov 29, 2022
- 2 min
Accessing Website May Be Agreement to Arbitrate
According to one federal appellate court, just visiting a website may be consent to a binding arbitration agreement. A retailer contended...
Paul Peter Nicolai
- Nov 15, 2022
- 2 min
Employer’s Secret Computer Search Is Unlawful Retaliation
A federal court of appeals has held that a forensic search of an employee’s work computer could constitute unlawful retaliation for an...
Paul Peter Nicolai
- Oct 18, 2022
- 1 min
State Panel Can Strike ‘Uneconomic’ Zoning Conditions
The Massachusetts Supreme Court upheld a decision by the Housing Appeals Committee rejecting conditions the Milton zoning board put on an...
Paul Peter Nicolai
- Oct 11, 2022
- 1 min
Black Lives Matter Case Lost
Employees disciplined for wearing face masks bearing the phrase “Black Lives Matter” had their claims dismissed. The appeals court...
Paul Peter Nicolai
- Oct 4, 2022
- 1 min
93A Defense Defeated
A former employee sued her former employer for trying to enforce a restrictive covenant preventing her from practicing her profession...
Paul Peter Nicolai
- Sep 27, 2022
- 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, 2022
- 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, 2022
- 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, 2022
- 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, 2022
- 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, 2022
- 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, 2022
- 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, 2022
- 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, 2022
- 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, 2022
- 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...
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