Imagine, an employee in your organization advises that they need to take leave pursuant to the Family and Medical Leave Act to recover from an upcoming surgical procedure. Your organization approves the leave and then you find out that while on leave and supposedly recovering from surgery, the employee goes on a family vacation to a far off beach resort. You are irate at what you perceive to be a blatant bait and switch and want to consider terminating the employee. Hopefully, you run all this by your General Counsel first because, depending on the circumstances, such termination could be deemed retaliatory and subject the company to a claim for substantial damages. Indeed, this is exactly what happened in DaPrato v. Massachusetts Water Resource Authority.
In that case, Richard A. DaPrato, who worked for the MWRA, was on FMLA leave recovering from foot surgery when he filed an application (signed by his surgeon) to extend his leave from March 20 to March 26. Shortly thereafter, DaPrato went on a family vacation to a Mexican beach resort. Approximately two weeks after returning from Mexico, the MWRA learned DaPrato had gone on vacation, reasoned that DaPrato had lied about his medical … Keep reading
It is not uncommon for parties entering into an agreement to transfer an asset to seek the input of an independent, third-party appraiser. Plainly, the parties to any such transaction desire an appraiser who will be unbiased and will not have any conflicts of interest. Further, one would assume that if such an appraiser’s company had a relationship with the opposing party, a court would step in to invalidate the appraisal. That assumption is not always correct, however–especially if the appraisal agreement does not specify what will disqualify the appraiser. Indeed, a Massachusetts Supreme Judicial Court judge recently confirmed this in Buffalo-Water 1, LLC v. Fidelity Real Estate Company, LLC.
In Buffalo-Water, an Appraisal Agreement only required the individual appraiser to disclose any prior appraisal services he rendered for either of the parties. The appraiser’s employer, Cushman & Wakefield, was not required to make any such disclosure, nor was it required to disclose conflicts of interest or relationships that could deem it to be biased. Further, and unbeknownst to Buffalo-Water, Cushman had previously been engaged by Fidelity to represent it in connection with a national contract.
Once Buffalo-Water became aware of the Fidelity-appraiser relationship, it filed suit, seeking … Keep reading