Ellen Makarevich v. CBRE Group, Inc.

Summary

The United States District Court for the District of Massachusetts grants CBRE's motion to dismiss claims brought by former employee Ellen Makarevich under various Massachusetts statutes. The court holds that a separation agreement broadly released claims arising from Makarevich's employment through the date of termination and that any post-termination claim was inadequately pleaded. The court also concludes that certain claims are unavailable because they invoke criminal statutes without a private right of action, and that amendment would be futile.

Holdings

1. The court may consider the separation agreement because the complaint repeatedly referenced Makarevich's separation, the agreement's authenticity was not challenged, and the claims' waiver depended on the agreement.
2. The separation agreement unambiguously and comprehensively released Makarevich's claims against CBRE arising from her employment through the date of execution, including unknown claims.
3. The court did not need to decide whether the post-termination claim was released because, even if it was not waived, the complaint failed to state a claim for relief.
4. Makarevich failed to plead sufficient facts to support her privacy, wiretapping, human-trafficking, and abuse-prevention claims; the stalking and crime-prevention claims failed because the cited criminal statutes did not provide a private right of action.
5. Amendment of the complaint would be futile, so dismissal was granted without leave to amend.

Questions Presented

1. Whether the court could consider the separation agreement and release on a motion to dismiss.
2. Whether the separation agreement unambiguously released Makarevich's claims arising from her employment through the date of execution.
3. Whether any post-termination theory not covered by the release plausibly stated a claim for relief.
4. Whether the Massachusetts abuse-prevention claim was properly brought in the federal district court.
5. Whether Massachusetts stalking and crime-prevention statutes created a private right of action.

Disposition

other