Boston Lawyer Blog

Emma Quinn-Judge and Jennifer Herrmann Defeat Defendant’s Motion for Partial Summary Judgment in an Age and Disability Discrimination Case

Published on: October 11, 2024 | by Zalkind Duncan & Bernstein LLP

Zalkind Law’s Emma Quinn-Judge and Jennifer Herrmann recently defeated a partial motion for summary judgment filed by a fishing corporation that sought to throw out age and disability discrimination claims brought against them by our client. The Superior Court rejected the defendant’s argument that our client should be denied the opportunity to recover damages for lost wages when, after he was fired from his long-time employer in a close-knit industry, he took Social Security to mitigate his damages. The Superior Court also accepted our argument that our client should not, at this stage, be kept from arguing to a jury that the debilitating emotional distress his termination caused should be considered in determining whether his actions to replace his income were reasonable. Our client looks forward to proving his claims at trial.

Emma Quinn-Judge Defeats Defendants’ Motion for Summary Judgment in Race Discrimination Case

Published on: October 10, 2024 | by Zalkind Duncan & Bernstein LLP

Zalkind Law’s Emma Quinn-Judge recently defeated a motion for summary judgment by a car dealership and its owners that sought to throw out race discrimination and retaliation claims brought against them by our client. The Superior Court soundly rejected the defendants’ argument that there was not enough evidence to support a race discrimination claim: the Court found that “the frequent, objected-to use of the plaintiff’s race as an identifier in an unwanted ‘nickname,’” as well as “references to stereotypes of Black culture, allusions to violence against Black individuals, and an arguably disingenuous question regarding why white people could not use the n-slur” were certainly sufficient to support a claim that our client was subjected to a racially hostile work environment. The Court also rejected the defendants’ arguments that our client’s claim was untimely and that there was not enough evidence to support a retaliation claim. Our client looks forward to proving his claims at trial.

Zalkind Law and the ACLU of Massachusetts Defeat Motion to Dismiss in Lawsuit against Commonwealth for First Amendment Violations

Published on: October 10, 2024 | by Zalkind Duncan & Bernstein LLP

Zalkind Law’s Naomi R. Shatz and attorneys from the ACLU of Massachusetts recently defeated a motion to dismiss in a case challenging Department of Recreation and Conservation regulations that unconstitutionally limit protected speech on public lands. The court found that one of the challenged regulations “impermissibly restrictions ‘profanity, vulgar or obscene language'”; language that is protected by the First Amendment. The court also agreed with Zalkind Law and the ACLU that a regulation that prohibits “unnecessary noise” is too vague to withstand constitutional scrutiny. With respect to DCR regulations that require permits for use of audio devices or public address systems, including radios, musical instruments, or potentially cell phone speakers on all DCR property, no matter what purpose the property is used for, are overbroad.

To read more about the case and view the decision click here.

Zalkind Law Attorneys Named to Massachusetts Top 50 Women Attorneys and Top 100 Attorneys Lists

Published on: September 30, 2024 | by Zalkind Duncan & Bernstein LLP

Zalkind Law partners Inga Bernstein, Emma Quinn-Judge, and Monica Shah were selected for the Super Lawyers 2024 Top 50 Women Attorneys in Massachusetts list.

Inga Bernstein and Emma Quinn-Judge were also named two of the publication’s Top 100 Lawyers.

Inga Bernstein, Emma Quinn-Judge, and Monica Shah

12 Zalkind Law Attorneys Selected as Super Lawyers and Rising Stars

Published on: September 27, 2024 | by Zalkind Duncan & Bernstein LLP

We are pleased to announce that ten of our attorneys have been selected to the 2024 Massachusetts Super Lawyers list. We would also like to congratulate two of our attorneys for being selected to the 2024 Massachusetts Rising Stars list.

Super Lawyers rates outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations, and peer evaluations. Only up to 5 percent of the lawyers in a state are named to the Super Lawyers list, and no more than 2.5 percent are named to the Rising Stars list.

Please join us in congratulating the following attorneys who have been selected as “Super Lawyers” and “Rising Stars” this year!

Emma Quinn-Judge and Thomas Miller Win Acquittal in Firearms Case

Published on: June 3, 2024 | by Zalkind Duncan & Bernstein LLP

Zalkind Law attorneys Emma Quinn-Judge and Thomas Miller obtained a complete acquittal after trial for a client charged with multiple firearms-related offenses, including one that would have carried an eighteen-month mandatory minimum jail sentence. After first convincing the prosecution not to indict their client on Superior Court charges–which would have resulted in an even longer, 2.5-year mandatory minimum–they successfully suppressed evidence obtained unlawfully and raised complex issues relating to the impact of the Supreme Court’s Bruen decision on Massachusetts firearms regulations. Over the course of a two-day trial in Malden District Court, Attorneys Quinn-Judge and Miller then convinced the jury to return a verdict of not-guilty on all charges, allowing the client to continue with his life. Zalkind Law is proud to fight for the rights of all criminal defendants.

Monica Shah and Lucie Gulino Win Jury Verdict Exceeding $700k in Federal Employment Discrimination Case

Published on: April 11, 2024 | by Zalkind Duncan & Bernstein LLP

Zalkind Law attorneys Monica Shah and Lucie Gulino won a jury verdict of over $700K in a Title VII sex and sexual orientation discrimination case on behalf of the Plaintiff, Peggy Smithart, a Federal Bureau of Prisons nurse manager. In a seven-day jury trial in the Federal Court in Boston, Attorneys Shah and Gulino proved that the BOP discriminated against their client – a nurse with over 24 years of experience and nearly a decade of management experience – when it denied her a promotion to a higher-level management position in favor of a male staff nurse who reported to her and was substantially less qualified for the job. Evidence at trial showed that the BOP officials who influenced the discriminatory decision had significant bias against women and gay people and had engaged in offensive conduct and statements exhibiting misogyny and homophobia. Zalkind Law is proud to represent and fight for justice for Ms. Smithart.

Superior Court Denies Harvard’s Motion to Dismiss Edelman Breach of Contract Suit

Published on: March 19, 2024 | by Zalkind Duncan & Bernstein LLP

On March 18, 2024, a Superior Court judge denied Harvard’s motion to dismiss a case brought by Zalkind Law attorneys David Russcol and Harvey Silverglate and co-counsel Ruth O’Meara-Costello. In the suit, Plaintiff Benjamin Edelman, a former tenure-track faculty member at Harvard Business School, alleges that Harvard mishandled an inquiry into Prof. Edelman’s conduct and he was not granted tenure as a result. Among other things, Prof. Edelman alleges that Harvard initiated a Faculty Review Board process when it was not needed, did not provide him with evidence that was used against him, and employed a flawed process that ultimately damaged his reputation. Zalkind Law brought claims of breach of contract, breach of the covenant of good faith and fair dealing, and promissory estoppel based on Harvard’s failure to follow its established procedures, biased practices, and conflicts of interest by the Faculty Review Board.

Zalkind Law Files Discrimination Suit on Behalf of Burns & Levinson Partner Against Burns & Levinson, LLP

Published on: November 1, 2023 | by Zalkind Duncan & Bernstein LLP

On Monday, October 30, 2023, Attorney Brian Bixby filed a discrimination and retaliation complaint against Burns & Levinson LLP, the firm where he works and where he served as a longtime Chair of the Private Client Group.

Mr. Bixby is a highly regarded and experienced estate and fiduciary litigation attorney. Although he had served as a Chair of the Private Client Group for many years, in July of 2020, the Burns & Levinson Managing Partner decided “it was time” for Mr. Bixby to be replaced by a younger partner. At the meeting where this was discussed, one member of the Firm’s Executive Committee speculated that Mr. Bixby “fears approaching retirement.” Despite the fact that he objected to being removed from this role, which he rightly viewed as a demotion, the Firm announced, falsely, that Mr. Bixby was “stepping down” as practice group chair.

Mr. Bixby tried to address his concerns internally. When that failed and the Firm learned that he would bring a complaint to the Massachusetts Commission Against Discrimination (MCAD), the Firm said that it was “really not going to be good” for him if he did that and that “it really [was] folly to go down that path.” Since Mr. Bixby filed at the MCAD, the firm has retaliated in several ways, financially and otherwise.

Zalkind Law Partner Monica Shah named the Best Lawyers® 2024 Employment Law – Individuals “Lawyer of the Year” in Boston

Published on: August 17, 2023 | by Zalkind Duncan & Bernstein LLP

Zalkind Law is proud to announce that Monica Shah has been named Lawyer of the Year by Best Lawyers® for her work in Employment Law – Individuals in Boston. Congratulations to Monica for her great achievement!

“Lawyer of the Year” honors are awarded annually to only one lawyer per practice area in each region with extremely high overall feedback from their peers, making it an exceptional distinction.