MASSACHUSETTS Volume 45, Issue No. 28 $9.00 per copy July 11, 2016 IMPORTANT OPINIONS OF THE WEEK HAC’s approval of Employment — 40B project upheld Whistleblower A jury award of punitive Affordable housing goals damages under the whistleblower provisions of trump planning concerns the Federal Railroad Safety Act must be affirmed, as the trial By Eric T. Berkman judge did not err by instructing Lawyers Weekly Correspondent LINKEDIN.COM/COMPANY/JOHN-HANCOCK-FINANCIAL-SERVICES the jury according to general common law principles rather The Housing Appeals Committee properly or- than the standard adopted by dered the town of Andover to issue a compre- any particular state, the 1st U.S. Insurance company’s bid hensive permit under Chapter 40B that would Circuit Court of Appeals rules. allow a mixed-income rental housing develop- PAGE 7 ment within an existing commercial and indus- to replace arbitrator fails trial park, the Appeals Court has determined. The town’s zoning board of appeals had previ- ously denied the permit, citing incompatibility Workers’ compensation — removal of a party-appointed arbitra- FAA doesn’t permit with master planning needs. Insurance tor prior to the issuance of an award. Under the Supreme Judicial Court’s 2013 deci- The debarment provision pre-award challenge “In the end, because John Hancock contained in G.L.c. 152, §25C(10) has not alleged that its concerns re- The full text of the ruling in applies when an employer fails By Pat Murphy garding Employers’ appointment of Eisai, Inc., et al. v. Housing to obtain or provide workers’
[email protected] [Denis] Loring raise questions about Appeals Committee can be found compensation insurance, ‘the very validity’ of the Agreement, at masslawyersweekly.com.