Herbert L. Holtz Successfully Defends Harvard Vanguard

Posted on: Tuesday, June 4th, 2013

The most recent chapter of Green v. Harvard Vanguard Medical Associates, Inc. ended with a defense verdict.

When Darrell Green was dismissed by Harvard Vanguard, he signed a severance agreement that included a release of all future claims against his employer.  So when Green later filed suit against the company alleging racial bias, it immediately turned to the release.

Finding the document enforceable, Superior Court Judge Janet L. Sanders granted summary judgment for the company in 2009. But the Appeals Court reversed, finding that Green had been fraudulently induced into signing the release, and, therefore, it was an invalid waiver of his rights.  On remand, a Norfolk County Superior Court jury disagreed last month.

The verdict “closes a loop,” said Herbert L. Holtz of Boston, who defended Harvard Vanguard.  “A release is supposed to mean what it says. If somebody has an opportunity to review a document, understands it, and takes money in exchange for promises made, then it is fair play to enforce it under the law.”

Releases are signed for a reason, Holtz added, noting that courts cannot always assume that releases are bad for employees.

Below is the full front-page article in Mass Lawyers Weekly.

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