Cánovas v. University of Massachusetts Medical School

29 Mass. L. Rptr. 176
CourtMassachusetts Superior Court
DecidedDecember 8, 2011
DocketNo. 0902339E
StatusPublished
Cited by1 cases

This text of 29 Mass. L. Rptr. 176 (Cánovas v. University of Massachusetts Medical School) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cánovas v. University of Massachusetts Medical School, 29 Mass. L. Rptr. 176 (Mass. Ct. App. 2011).

Opinion

Wilkins, Douglas H., J.

In this employment action, the plaintiff, pro se, alleges that his former employer, Dr. Dario C. Altieri (“Dr. Altieri”) of the Universiiy of Massachusetts Medical School (“UMMS”), unlawfully terminated him and discriminated against him on the basis of his national origin (Greek, Southern European, or Mediterranean). The plaintiff has asserted counts against UMMS for breach of contract (Count I), wrongful discharge in breach of contract (Count II), and breach of the implied covenant of good faith and fair dealing (Count III), and he brought against both defendants a count for retaliation in violation of G.L.c. 15 IB, §4(4) (Count IV). The plaintiff also asserted against Dr. Altieri counts for tortious interference with contractual rights (Count V); tortious interference with advantageous business or economic relations (Count VI); promissory estoppel (Count VII); intentional infliction of emotional distress (Count VIII); and prior restraint on publication (Count IX).

On June 25, 2010, the Court (Lu, J.) dismissed Count IV as to UMMS only, as well as Counts VIII and IX [27 Mass. L. Rptr. 272]. The matter is now before the Court on the defendants’ Motion for Summaiy Judgment on the remaining counts. For the following reasons, the motion is ALLOWED.

BACKGROUND

The bulk of the parties’ 171-page Consolidated Statement of Undisputed Facts (“SOF”) does not comport with Superior Court Rule 9A(b){5), owing primarily to the defendants’ inclusion of many immaterial and argumentative facts evidently designed to place themselves in a favorable light and the plaintiffs habit of venturing outside the record to impugn Dr. Altieri’s personal and professional integrity whenever possible. Rather than proceed paragraph by paragraph to determine which statements should be stricken for noncompliance with the rule,2 the Court briefly summarizes the more relevant facts and, where they are disputed, views them in the light most favorable to the plaintiff. See Attorney Gen. v. Bailey, 386 Mass. 367, 371 (1982).

The plaintiff has a Ph.D. in biochemistry. After spending a few years researching the molecular biology of plants at a laboratory in San Diego, California, the plaintiff spent two years in Spain, during which time he did not work in a laboratory. In 2001, he moved to Tampa, Florida, where he worked as a post-doctoral associate with the Moffitt Cancer Center at the University of South Florida. This position involved working with the survivin gene, a molecule linked to cancer in humans, which had recently been discovered in Dr. Altieri’s laboratory at UMMS.

On August 25, 2004, Dr. Altieri offered the plaintiff a position as a post-doctoral associate in his laboratory at UMMS. The offer stated that the plaintiffs entry-level salary was to be $42,000 per year, that he would be offered a benefit package and coverage consistent with UMMS guidelines, and that he would be expected to commit to working in the laboratory for no less than two years.

The plaintiff accepted the offer and began working for Dr. Altieri on September 15, 2004. The parties did not specify a duration for the plaintiffs employment. Rather, the plaintiff understood that “if I perform[ed] well, I could be there without limit.” Ex. B., PI. Depo., p. 32,11. 19-20. According to the UMMS Postdoctoral Policy (“the Policy”), which was in effect from April 2003 until at least 2008, “[i]t is anticipated that a Postdoctoral training position will generally not be longer than five (5) years at this institution.” Ex. B., PI. Depo., Attachment 4, p. 2. The plaintiff read this document when he began work. The Policy also provides that “[t]he initial appointment will usually be for a one year period, but may be made for less than one year upon mutual agreement” and that “[n] on-renewal of appointment should be provided in writing by the PI three (3) months before termination.”

On August 31, 2004, Dr. Altieri sent a letter to U.S. Citizen and Immigration Services in support of the plaintiffs application for an H-1B visa. In this letter, Dr. Altieri indicated that the plaintiffs position would be for the period from September 15, 2004, to September 14, 2007.

During his tenure in Dr. Altieri’s laboratory, the plaintiff received one salary increase, which he got in 2006 after approaching Dr. Altieri about a raise. According to the Policy, “[postdoctoral personnel are not eligible for any proposed UMMS across-the-board, salary, or merit increases.” Id. at Attachment 4, p. 5. However, “[s]alaries for post[]doctoral personnel are usually increased on the hiring date anniversary, according to Institutional policy.” Id.

The Policy also provided for suspension and possible termination where post-doctoral personnel posed “a threat to safety or a clear impediment to the work of a research lab or other organizational unit.” Id. at Attachment 4, p. 4. It was silent with respect to whether post-doctoral personnel served “at will” or were otherwise subject to termination without cause, but did state that “ [a]ll appointments at the University [of] Massachusetts Medical School are contingent upon the availability of funds.” Id. at Attachment 4, p. 3.

[178]*178The plaintiffs primary responsibility in Dr. Altieri’s laboratoiy was to study the survivin gene’s role in the division of cancer cells. Throughout 2005 and 2006, Dr. Altieri and the plaintiff did not see eye-to-eye regarding the plaintiffs progress on his assigned sur-vivin project. Meanwhile, Dr. Altieri assigned the plaintiff to work with researchers on other projects related to survivin. In 2006 and 2008, the plaintiffs efforts on those other projects culminated in his co-authorship of two articles that were peer-reviewed and published in reputable scientific journals.

In March 2007, Dr. Altieri produced a revised draft of a research paper titled “Regulation of Cdkl Activity by Survivin,” which was based on the plaintiffs work on his assigned survivin project. Dr. Altieri edited the text and left out certain experimental results that the plaintiff had achieved which, in Dr. Altieri’s opinion, could not be explained. After completing the draft, Dr. Altieri told the plaintiff that he believed the paper was suitable for publication in a number of respectable, but lower-caliber scientific journals. The plaintiff, however, wanted to aim higher. Ultimately, Dr. Altieri agreed to submit the paper to “Nature Cell Biology,” but cautioned the plaintiff that the paper was not as sophisticated as those typically selected for publication in such a high-level journal.

Nature Cell Biology rejected the paper, but the editor noted that she might consider a revised version that included additional experiments and information. After making some changes to the paper, Dr. Altieri submitted it to “EMBO Reports” on March 30, 2007. After circulating the paper for outside peer review, EMBO Reports rejected it for publication, calling into question the findings and citing the need for additional experimentation. The journal’s editor stated that she would be willing to consider a new submission addressing the reviewers’ concerns. Dr. Altieri sent to the editor an appeal letter reinforcing the novelty of the experimental results and requesting reconsideration of the initial decision not to publish. The editor rejected the appeal, adding that, in light of new disclosures in Dr. Altieri’s appeal letter regarding survivin’s indirect role in Cdkl activation, resubmitting the paper would likely be unproductive.

After this latest disappointment, Dr.

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Related

Cánovas v. Massachusetts Commission Against Discrimination
29 Mass. L. Rptr. 207 (Massachusetts Superior Court, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
29 Mass. L. Rptr. 176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/canovas-v-university-of-massachusetts-medical-school-masssuperct-2011.