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Murphy Hesse Toomey and Lehane Attorneys Secure Appellate Court Victory

 

Murphy, Hesse, Toomey & Lehane attorney, Sarah Spatafore represented the Roman Catholic Archdiocese of Boston in Alessendrinia Menard  vs.  Archdiocese of Boston. This case concerned allegations of discriminatory conduct from a former employee of a Parish towards her former employer. The employee held the position of Director of Music Ministries for the Parish. All claims of discrimination were denied by the Archdiocese.

 

Following a Lack of Probable Cause dismissal by the Massachusetts Commission Against Discrimination on the basis of the ministerial exception and failure to state a prima facie case of discrimination, this case was brought in Massachusetts Superior Court.  On Tuesday, citing precedent from both the U.S. Supreme Court, various circuit courts, and the Massachusetts Supreme Judicial Court, the Massachusetts Appeals Court upheld the decision of the Superior Court to dismiss the complaint for lack of subject matter jurisdiction due to the ministerial clause of the First Amendment.  This decision focused on the fact that the plaintiff in this matter met the legal definition of a ministerial employee, within the scope of the ministerial exception and applicable case law.  Prior to issuing its decision, the Appeals Court invited amicus briefs.  This case was affirmed by full court.

 

Murphy, Hesse, Toomey & Lehane LLP is also known throughout New England for its labor and employment practice as well as its extensive business litigation and advising employers on internal reviews and strategic legal approaches when dealing with the government. The firm also has an extensive education law practice representing public, private, and nonprofit educational institutions from pre-K through the college and university level.

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Murphy, Hesse, Toomey & Lehane, LLP Attorney Triumphs in Appeals Court for the Commonwealth of Massachusetts

  Kevin S. Freytag, an attorney with Murphy, Hesse, Toomey & Lehane, LLP, represented the Town of Milton in front of the appeals court in February of this year. This case, Kali Family Limited Partnership v. Town of Milton & another, was brought to appeals court by the plaintiff after a final judgement ruled in favor of the defendant. The plaintiff originally filed a lawsuit against the Town of Milton because “the town was unjustly enriched by what Kali described Read More

Legal Updates

Unpacking the Federal Stimulus Package’s Direct Payments, Enhanced Unemployment Payments, and FFCRA Leave Extension

There has been a great deal of discussion in the news lately about the latest Congressional stimulus package, which was ultimately signed by President Trump on Sunday, December 27, 2020, following his initial pushback. The stimulus package, officially known as the Consolidated Appropriations Act of 2021 (the “Stimulus”), is a behemoth piece of legislation that consists of nearly 5,600 pages, covering a broad array of appropriation matters.

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