7 results for 'judge:"Milkey"'.
J. Milkey affirms a state commission’s finding that a union discriminated against a woman who applied for a job as a forklift operator based on her sex, after it hired an underqualified male over her for the position, then — when attempting to defend its decision — the union treasurer said the women the union typically hired didn’t complain and “knew their place.” The union didn’t offer any credible explanation for the discrepancy in how the woman was treated in comparison to the less-qualified male applicant who was chosen. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Milkey, Filed On: April 3, 2024, Case #: 23-P-83, Categories: Employment, Employment Discrimination, Labor / Unions
J. Milkey concludes that an independent contractor, who feels he should have been classified as an employee and given employee benefits, does not have standing for his claim because he provided his services to the company that hired him through two intermediaries. The contractor is unable to demonstrate an error when the jury instructions on standing are viewed in conjunction with the verdict slip.
Court: Massachusetts Court Of Appeals, Judge: Milkey, Filed On: March 28, 2024, Case #: 23-P-183, Categories: Employment, Jury, Contract
J. Milkey affirms the denial of a sex offender’s motion to vacate his level three sex offender classification and grant him a new hearing based on allegedly having received ineffective counsel. Too much time has passed since he was classified and received counsel for him to make this appeal, when he could instead apply for reclassification based on changed circumstances.
Court: Massachusetts Court Of Appeals, Judge: Milkey, Filed On: September 28, 2023, Case #: 22-P-66, Categories: Administrative Law, Due Process, Assault
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J. Milkey upholds the lower court's refusal to alter a wife's alimony in a divorce case. The wife fails to support her claim her alimony should be adjusted based on the fluctuating exchange rate of the lira due to the parties' split of marital property in Turkey. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Milkey, Filed On: June 26, 2023, Case #: 22-P-829 , Categories: Family Law