PATRIARCA v. CENTER FOR LIVING & WORKING, INC


438 Mass. 132 (2002)

ELLEN L. PATRIARCA v. CENTER FOR LIVING & WORKING, INC., & others.,

Supreme Judicial Court of Massachusetts, Worcester.

November 14, 2002.


Attorney(s) appearing for the Case

Denise A. Chicoine (Edward S. Englander with her) for the plaintiff.

Gary H. Goldberg for the defendants.

The following submitted briefs for amici curiae:

Thomas F. Reilly, Attorney General, & Hilary Weinert Hershman, Laura Maslow-Armand, & Louisa M. Terrell, Assistant Attorneys General, for the Attorney General.

John P. McLafferty & Shannon A. McAuliffe for Associated Industries of Massachusetts.

Loretta M. Smith for New England Legal Foundation.

Donald K. Stern, United States Attorney, Roberta Thomas Brown, Assistant United States Attorney, & Thomas Helper, of Baltimore, for the United States Attorney for the District of Massachusetts & another.

Douglas K. Sheff, John J. St. Andre, Jodi M. Petrucelli, & Kimberly E. Winter for The Massachusetts Academy of Trial Attorneys.

Dahlia C. Rudavsky, Ellen J. Messing, Nadine Cohen, & Jane K. Alper for National Employment Lawyers Association, Massachusetts Chapter, & others.

Present: MARSHALL, C.J., GREANEY, SPINA, COWIN, SOSMAN, & CORDY, JJ.


SPINA, J.

A judge in the Superior Court issued a protective order on the basis of Mass. R. Prof. C. 4.2, 426 Mass. 1402 (1998),3 barring counsel for the plaintiff, Ellen L. Patriarca, from any ex parte contact with former or future employees of the defendant, the Center for Living & Working, Inc. (center), on matters concerning their former employment or the pending litigation unless that contact were made with leave of court or of...

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