Depianti v. Jan-Pro Franchising International, Inc., No. 16-2256 (1st Cir. 2017)Annotate this Case
The First Circuit affirmed the district court’s grant of summary judgment to Defendant on Plaintiff’s complaint brought under Mass. Gen. Laws ch. 149, 148B for employee misclassification. A Georgia state court concluded that Plaintiff was an employee of Defendant under Massachusetts law. The Georgia court of appeals reversed, concluding that Plaintiff was not an employee of Defendant for purposes of Section 148B. At the same time the case was making its way through the Georgia state-court system, a separate Massachusetts case was being litigated in the federal district court involving the same facts and the same parties. Ultimately, the district court judge granted preclusive effect to the Georgia decision and granted summary judgment for Defendant as to the Section 148B claim. The First Circuit affirmed, holding that the federal courts were bound by the Georgia court judgment under the doctrine of res judicata.
The court issued a subsequent related opinion or order on October 13, 2017.