17 Cited authorities

Estrada v. Fedex Ground Package System, Inc.
154 Cal.App.4th 1 (Cal. Ct. App. 2007) Cited 167 times 6 Legal Analyses
Holding that drivers were FedEx's employees in part because “[t]he larger items—trucks and scanners—are obtained from FedEx approved providers, [are] usually financed through FedEx, and [are] repaid through deductions from the drivers' weekly checks”
J.A. Sullivan Corp. v. Commonwealth
397 Mass. 789 (Mass. 1986) Cited 231 times 1 Legal Analyses
Holding that “[e]very phrase and clause must be presumed to have been designedly employed, and must be given meaning and effect, whenever practicable, when construed with all the other phraseology contained in the instrument”
Massachusetts Municipal Wholesale Electric v. Danvers
411 Mass. 39 (Mass. 1991) Cited 166 times 1 Legal Analyses
Holding that a condition precedent must be met before an obligation to perform arises under a contract, and that the court will look to the parties' intent when interpreting a condition precedent, including words used in the agreement
Feeney v. Dell Inc.
454 Mass. 192 (Mass. 2009) Cited 76 times 5 Legal Analyses
Holding contractual choice-of law-provision unenforceable because applying selected state's law would contravene fundamental policy of forum state
Genzyme Corp. v. Federal Ins. Co.
622 F.3d 62 (1st Cir. 2010) Cited 67 times 1 Legal Analyses
Explaining that, in reviewing a 12(b) motion, a district court "must assume the truth of all well-plead[ed] facts and give the plaintiff the benefit of all reasonable inferences therefrom"
Awuah v. Coverall North America, Inc.
460 Mass. 484 (Mass. 2011) Cited 63 times 3 Legal Analyses
Holding assented-to deduction for costs of workers' compensation insurance to be invalid and recoverable as damages
T.F. v. B.L
442 Mass. 522 (Mass. 2004) Cited 50 times
Stating that "[e]quity is not an all-purpose judicial tool by which the right thing to do can be fashioned into a legal obligation possessing the legitimacy of legislative enactment"
Warfield v. Beth Israel Deaconess Medical Center, Inc.
454 Mass. 390 (Mass. 2009) Cited 36 times 1 Legal Analyses
In Warfield, a terminated employee brought suit against her former employer in Massachusetts state court, alleging gender-based discrimination and retaliation in violation of Mass. Gen. Laws. c. 151B.
Beacon Hill Civic Assoc. v. Ristorante Toscano, Inc.
422 Mass. 318 (Mass. 1996) Cited 58 times
Finding that certain general policy concerns protected by the legislature are not waivable
Mass Cash Register v. Comtrex Systems
901 F. Supp. 404 (D. Mass. 1995) Cited 47 times
Holding that where the parties contemplate the formal execution of a final agreement, there is a "strong inference" that the parties "`do not intend to be bound by earlier negotiations or agreements until the final terms are settled.'"
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 162,084 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 149:148B - Persons performing service not authorized under this chapter deemed employees; exception
Mass. Gen. Laws ch. 149 § 148B Cited 178 times 35 Legal Analyses
Specifying types of services considered to be not those performed by an employee and noting that an employer's failure to make withholdings or payments that would be required for an employee "shall not be considered in making a determination" as to a person's employee status

Schwann et al v. Fedex Ground Package System, Inc.

17 Cited authorities

Holding that drivers were FedEx's employees in part because “[t]he larger items—trucks and scanners—are obtained from FedEx approved providers, [are] usually financed through FedEx, and [are] repaid through deductions from the drivers' weekly checks”

Holding that “[e]very phrase and clause must be presumed to have been designedly employed, and must be given meaning and effect, whenever practicable, when construed with all the other phraseology contained in the instrument”

Holding that a condition precedent must be met before an obligation to perform arises under a contract, and that the court will look to the parties' intent when interpreting a condition precedent, including words used in the agreement

Holding contractual choice-of law-provision unenforceable because applying selected state's law would contravene fundamental policy of forum state

Explaining that, in reviewing a 12(b) motion, a district court "must assume the truth of all well-plead[ed] facts and give the plaintiff the benefit of all reasonable inferences therefrom"

Holding assented-to deduction for costs of workers' compensation insurance to be invalid and recoverable as damages

Stating that "[e]quity is not an all-purpose judicial tool by which the right thing to do can be fashioned into a legal obligation possessing the legitimacy of legislative enactment"

In Warfield, a terminated employee brought suit against her former employer in Massachusetts state court, alleging gender-based discrimination and retaliation in violation of Mass. Gen. Laws. c. 151B.

Finding that certain general policy concerns protected by the legislature are not waivable

Holding that where the parties contemplate the formal execution of a final agreement, there is a "strong inference" that the parties "`do not intend to be bound by earlier negotiations or agreements until the final terms are settled.'"

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Specifying types of services considered to be not those performed by an employee and noting that an employer's failure to make withholdings or payments that would be required for an employee "shall not be considered in making a determination" as to a person's employee status