Lois J. Ayash v. Dana-Farber Cancer Institute & others

Summary

The court vacated the judgments against Dana-Farber on the privacy and implied-covenant claims and entered judgment for Livingston on the intentional-interference claim, while affirming Dana-Farber's liability for unlawful retaliation and the default judgments against the Globe defendants. It held that the charitable damages cap does not apply to retaliation liability under G. L. c. 151B and ordered a new trial on Dana-Farber's damages because the jury awarded an undifferentiated sum on both valid and invalid claims. The court also held that confidential peer-review materials were improperly admitted against Livingston, and that the discovery sanctions imposed on the Globe defendants were within the trial judge's discretion.