Legal Opinion

Constantino v. Frechette

Massachusetts Appeals Court

Decided December 18, 2008No. 07-P-371PublishedCited by 10 opinions

1Opinion of the CourtRapoza, C.J.

The primary issue in this interlocutory appeal is whether the individually named, nonsignatory employees of the *353John Adams Nursing Home, LLC (the nursing home),3 may enforce an arbitration agreement entered into by their employer. We hold that in the circumstances of this case, they may not, and therefore we affirm two orders of the Superior Court denying their motions to compel arbitration.

Background. Eleven days after her admission to the John Adams Nursing Home for a short, recuperative stay, Marie Constantino died unexpectedly. Her daughter, Janet Constantino, acting in her capacity as…

2Cases cited17 opinions

  1. At&T Technologies, Inc. v. Communications WorkersSupreme Court of the United States · 1986
  2. McCarthy v. AzureCourt of Appeals for the First Circuit · 1994
  3. Pritzker v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Third Circuit · 1993
  4. Miller v. MooneyMassachusetts Supreme Judicial Court · 2000
  5. Miller v. CotterMassachusetts Supreme Judicial Court · 2007

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3Cited by10 opinions

  1. Walker v. CollyerMassachusetts Appeals Court · 2014
  2. Barrow v. Dartmouth House Nursing Home, Inc.Massachusetts Appeals Court · 2014
  3. Bedard v. Brewer Financial Services, LLCMassachusetts Superior Court · 2012
  4. Garcia v. 128 Sales, Inc.Massachusetts District Court, Appellate Division · 2009
  5. Landry v. Transworld Systems Inc.Massachusetts Supreme Judicial Court · 2020

5 more not listed; retrieve them via the Exa API.

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