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Posts tagged supreme court
Labor and Employment Advisory: No Labor Relations Privilege in Massachusetts - For Now

On August 25, 2016, the U.S. District Court of Massachusetts declined to create a "labor relations privilege" for communications between employees and their union representatives.

On September 7, the District Court also rejected applying the Title VII standard for employer liability to state discrimination actions under M.G.L. 151B.

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June 2016 Labor and Employment Advisory: Supreme Court Clarifies Law on Constructive Discharge

The U.S. Supreme Court held that the clock starts on a "constructive discharge" claim when the employee provides notice of their intent to quit, not when the discriminatory action occurs.

The Massachusetts Supreme Judicial Court also rules in Verdrager v. Mintz Levin that self-help discovery is protected activity for retaliation purposes. 

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Supreme Court Hands Land Developers Big Victory

This past summer, in Koontz v. St. Johns River Management District, the United States Supreme Court handed a significant victory to real estate developers across the country, when it announced that it is unconstitutional under the Takings Clause for municipalities to impose "extortionate" conditions for the granting of development permits.

The last clause of the Fifth Amendment, know as the Takings Clause, requires that "just compensation" be paid if the government takes private property for public use. Typically, this clause is invoked when the government, under the power of eminent domain, literally takes land from private owners and provides just compensation for doing so. In this case, the Supreme Court expanded the scenarios in which a landowner can readily make a claim against the government for an unconstitutional taking.
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