Nolan v. CN8
656 F.3d 71
| 1st Cir. | 2011Background
- Nolan was executive producer/host of CN8's Backstage; contract ran May 2007–May 2009.
- Paragraph 6(b)(v) gave Comcast unlimited, sole discretion to terminate for conduct harming Comcast’s interests.
- In April, Nolan criticized Bill O'Reilly in an NATAS-related context and used Comcast email/work number.
- Dolente warned Nolan to limit company communications; Nolan promised to email from personal address.
- Nolan publicly protested at the Emmy Awards, distributed pamphlets, and was confronted by NATAS and hotel security.
- Nolan was suspended May 12 for insubordination/breach; later terminated for cause under Paragraph 6(b).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether MCRA requires coercion and if termination constitutes coercion | Nolan asserts coercion via contract; termination for protest interferes with rights | Comcast exercised sole, absolute contractual discretion; no coercion | No actionable coercion; termination under 6(b)(v) does not violate MCRA |
| Whether 6(b)(v) creates unfettered termination authority that defeats interference | Contractual status could still support interference if limits exist | 6(b)(v) provides unlimited discretion to terminate for cause or no reason | Discretion under 6(b)(v) undermines interference claim; no MCRA violation |
| Whether a contractual entitlement to continued employment is required for interference under MCRA | Entitlement exists through contract, so interference possible | Even with contract, termination can be non-interfering if based on legitimate contractual discretion | Termination extinguished the right to continued employment; no MCRA interference |
Key Cases Cited
- Webster v. Motorola, Inc., 418 Mass. 425 (Mass. Sup. Jud. Ct. 1994) (at-will status negates coercion/right to continued employment)
- Korb v. Raytheon Corp., 410 Mass. 581 (Mass. Sup. Jud. Ct. 1991) (no improper interference where contract allows termination for cause)
- Redgrave v. Boston Symphony Orchestra, Inc., 399 Mass. 93 (Mass. Sup. Jud. Ct. 1987) (contract breach may coerce exercise of free speech under MCRA)
- Buster v. George W. Moore, Inc., 438 Mass. 635 (Mass. Sup. Jud. Ct. 2003) (coercion requires threats/intimidation; breach may be coercive in some contexts)
- Willitts v. Roman Catholic Archbishop of Boston, 411 Mass. 202 (Mass. Sup. Jud. Ct. 1991) (non-renewal case; legitimate termination discretion defeats coercion)
- Sena v. Commonwealth, 629 N.E.2d 993 (Mass. 1994) (limits coercion analysis under MCRA)