Kurt L. Binder, a partner with Seder & Chandler, LLP who concentrates his practice on commercial litigation and employment disputes, was interviewed by David Frank of Massachusetts Lawyers Weekly with regard to a lawsuit brought by a hospital executive against UMass Memorial Laboratories for commissions owed. The interview with Mr. Binder appeared on the front page of the January 22, 2014 edition of the paper.
Mr. Binder represents a hospital executive formerly employed by UMass in connection with a lawsuit brought in the Worcester Superior Court seeking commissions alleged to be owed by UMass. UMass filed a Motion for Summary Judgment under the theory of judicial estoppel. Mr. Binder opposed the summary judgment. The Worcester Superior Court denied the summary judgment holding that the application of judicial estoppel "might very well do an injustice in this action".
During the interview, Mr. Binder stated that "a ruling like this makes clear that one of the things the judge can take into account is whether there would be a windfall to the party looking to apply the judicial estoppel doctrine. That's an important consideration in any equity analysis."