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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Lindquist v. Stella, 111 N.E.3d 304 (2018)

Citation
Lindquist v. Stella, 111 N.E.3d 304 (2018)
Parent Document
Lindquist v. Stella, 111 N.E.3d 304 (2018)
Jurisdiction
Massachusetts (state)
Effective Date
2018-09-10

Full Text

535 chars
Stella argues on appeal that Lindquist can be held liable for Shepard's discriminatory harassment, "even in the absence of an agency relationship," because Shepard is Lindquist's tenant. Stella did not raise this argument below, and we cannot consider it on appeal because it depends on facts that are not established in the record. Cf. Aetna Cas. & Sur. Co. v. Continental Cas. Co., 413 Mass. 730, 734-735 (1992). For the same reason, we cannot consider Stella's argument that the judge could have made a finding of "apparent agency."