Legal Opinion

Esler v. Sylvia-Reardon

Massachusetts Appeals Court

Decided November 26, 2018No. 17-P-1617Published

1Opinion of the Court

The plaintiff, Marie Esler, secured a favorable judgment against the defendants after a lengthy litigation process. Although Esler failed to request attorney's fees immediately after the trial in Superior Court, she filed a petition for trial attorney's fees and costs once her award was assured. Esler now argues that the Superior Court judge abused her discretion in denying that petition. We agree and reverse.

Background. We summarize the procedural history in some detail. Esler was hired in 2003 by Massachusetts General Hospital (MGH) as a registered nurse. After Esler took consecutive leave…

2Cases cited18 opinions

  1. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
  2. White v. New Hampshire Department of Employment SecuritySupreme Court of the United States · 1982
  3. City of Riverside v. RiveraSupreme Court of the United States · 1986
  4. L.L., a juvenile v. CommonwealthMassachusetts Supreme Judicial Court · 2014
  5. Fabre v. WaltonMassachusetts Supreme Judicial Court · 2004

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