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 Receives Favorable Decision for Town of Dracut
On April 11, 2023, MHTL Attorneys Peter Mello and Madison Harris-Parks represented the Town of Dracut, and successfully obtained a preliminary injunction order requiring, among other things, that the Defendant homeowners cease renting out their pool to the public. The case, Town of Dracut by and Through Its Building Inspector vs. Nason, Gilbert et al., was initiated by the Town after the Defendants failed to comply with the Town’s associated underlying zoning enforcement order. The Town requested the injunction Read More
EXTENSION OF MUNICIPAL RELIEF MEASURES - INCLUDING OPEN MEETING LAW REMOTE OPTION - SIGNED BY THE GOVERNOR
The option for public bodies in the Commonwealth of Massachusetts to hold public meetings remotely or in a hybrid fashion, which came into play at the onset of the COVID-19 pandemic, has been extended by the General Court for another two years, until March 31, 2025. The Governor signed the legislation, which will be codified at Chapter 2 of the Acts of 2023, on March 29, 2023. Because of the inclusion of an emergency preamble, the law goes into effect immediately.
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