Murphy, Hesse, Toomey & Lehane, LLP Attorneys Receive Favorable Decision in Motion to Dismiss
Murphy, Hesse, Toomey & Lehane Attorneys were triumphant after filing a partial motion to dismiss on behalf of their client Easecare, LLC, et al. Attorneys Kevin Freytag and Sarah Spatafore represented the defendant in the case of Kenn v. Easecare, LLC after the plaintiff filed two state law claims and two putative class action claims under the Fair Credit Reporting Act (“FCRA”). The plaintiff alleges that the Disclosure Form she signed upon being hired did not provide a “clear and conspicuous disclosure to job applicants…”, and therefore resulted in a violation of privacy. Upon review of the facts, the District Court ruled in favor of the defendants largely due to the fact that the plaintiff had never announced she was confused by the form or unaware what she was signing, and her complaints to the Court only reference theoretical injuries. Furthermore, the Court stated that her signature on the form undermined any claims made since she had not alleged to misunderstanding the form or the authorization.
Ms. Spatafore, a Partner at the firm, practices primarily in the labor and employment area, representing both public and private clients. Ms. Spatafore also handles education issues. She regularly conducts seminars and training programs on unlawful harassment, preventing discrimination, and a variety of other labor and employment issues. Ms. Spatafore has completed all the Massachusetts Commission Against Discrimination-certified “Train-the-Trainer” courses. Ms. Spatafore graduated from Bates College in 2007. She received her Juris Doctor, with Honors, from Boston College Law School in 2012. In law school, Ms. Spatafore interned at the Massachusetts Superior Court. Prior to matriculating with the firm, Ms. Spatafore worked for a presidential campaign as a law clerk and was sent to a targeted swing state to serve as the Election Day Operations Director for the general election.
Kevin S. Freytag is a member of the firm’s Litigation practice. He represents individuals, businesses and municipalities in a wide range of disputes in the areas of construction, labor and employment, land use and real-estate tax. He has also effectively represented clients at the Appellate Tax Board as well as the Massachusetts Appeals Court. Mr. Freytag received his Juris Doctor from Suffolk University Law School. He was a member of the Trial Team and earned the honor of 2006 New England National Trial Competition Regional Champion. Mr. Freytag received a Bachelor of Arts degree from Stonehill College. Before entering private practice, he spent five years working at the Norfolk County District Attorney’s Office where he prosecuted countless cases in District and Superior Court. Mr. Freytag is admitted to practice in all state courts in the Commonwealth of Massachusetts and the United States District Court for the District of Massachusetts.
Murphy, Hesse, Toomey & Lehane, LLP, Partner Katherine Hesse gave a plenary presentation on Recent Developments in ERISA on Friday September 16 to members of the Group Legal Services Association (“GLSA”) at its annual meeting in New Orleans. Among the topics she emphasized were what employers/plan sponsors need to know in the aftermath of the Dobbs decision overturning Roe v. Wade and lessons from the Court’s decision in Hughes and other class action litigation as to factors to consider Read More
On August 12, 2022, Governor Charlie Baker signed S. 3096, “An act relative to equity in the cannabis industry,” (“Act”) into law. The Act reforms Massachusetts’s existing marijuana laws, particularly with respect to host community agreements (“HCAs”), community impact fees (“CIFs”), and social consumption sites (e.g. marijuana cafes). The Act empowers the Cannabis Control Commission (“Commission”), the state regulatory agency, to exert greater control over HCAs and their CIFs. Municipalities levy CIFs on cannabis businesses to account for the costs they impose on the municipality as a result of their operations. Additionally, the Act allows municipalities to permit on-premises social consumption of marijuana at designated sites. Other notable provisions of the Act include the new Social Equity Trust Fund (“Trust Fund”), changes to the tax law regarding cannabis businesses, and various provisions concerning those persons and communities most impacted by the prior illegality of marijuana usage and sale. Governor Baker vetoed only one section of the final bill: the provision calling on the state to conduct a study of medical marijuana usage in schools.