Massachusetts Lawyers Weekly articles from February 2003

Massachusetts Lawyers Weekly archives from February 2003

Massachusetts Supreme Court judicial court denies court case because arbitration award was paid.
February 3, 2003... Byline: John O. Cunningham A Superior Court judge could not confirm an arbitration award for two plaintiffs who sued their own car insurance company where the carrier had paid the award after filing of suit but before judgment, the Supreme...

Commentary: what to do with the lawyer bashers.(Massachusetts)
February 3, 2003... Byline: David L. Yas News item: At the Massachusetts Bar Association House of Delegates meeting last month, the MBA began preliminary talks on whether to hire a public relations firm to "help improve the public perception of attorneys...

Massachusetts Superior Court judge rules woman not liable for son's role in car accident.
February 3, 2003... Byline: Jason M. Scally A mother of an adult child cannot be held liable for the negligence of her son in a case where he was alleged to have caused a fatal car accident, a Superior Court judge has ruled. Citing the Restatement of...

Massachusetts courts' new technology project looks promising.
February 3, 2003... Byline: John O. Cunningham A demonstration of the courts' statewide integrated computer system was unveiled last week, and lawyers who viewed the preview say that the system will allow them to access a bevy of case information over the...

Q&A with Justice Robert J. Cordy.(Massachusetts Supreme Judicial Court judge)(Interview)
February 10, 2003... Byline: Massachusetts Lawyers Weekly Staff Attorneys say that when you meet Robert J. Cordy on the street, you'll likely get a friendly wave and a cheerful "hello." But see him in the courtroom, and Cordy himself says he may be "over...

Novel approach to choosing Massachusetts judges.
February 10, 2003... Byline: Jeanne Greeley The governor's chief legal counsel has a message for anyone trying to get on the bench under the new Romney administration: Don't expect your name to get you anywhere, and leave your "campaigning" efforts behind. ...

Massachusetts Supreme Judicial Court rules doctor may sue for 'rumor' of her cancer.
February 10, 2003... Byline: Bainbridge D. Testa A doctor could sue a colleague for falsely telling a patient that the doctor was dying of cancer -- even though she subsequently suffered only emotional, and not economic loss, the Supreme Judicial Court has...

U.S. District Court judge rules inadvertently produced data must be returned.
February 10, 2003... Byline: John O. Cunningham Where two plaintiffs mistakenly produced a number of privileged documents in a patent litigation, they were entitled to the return of those documents that were produced inadvertently but not those produced due to...

Massachusetts Superior Court judge rules broker's failure to disclose covered by clause in P&S.(purchase and sale)
February 10, 2003... Byline: Jason M. Scally Real-estate brokers could not be found liable for failing to disclose leaks to the buyers in a residential home sale where there was a clause in the purchase and sale agreement that absolved them of liability, a...

Pro Bono, Mentoring And The Recession.
February 17, 2003... Byline: Massachusetts Lawyers Weekly Staff In these uncertain economic times, associate training and pro bono services have been two of the many traditional aspects of law firm culture that attorneys have had to re-examine. Some firms are...

Massachusetts reporter becomes subject of defamation lawsuit.
February 17, 2003... Byline: Massachusetts Lawyers Weekly Staff In 1996, Salem Evening News reporter Michael Cohen was writing an article about how a former local politician was planning to build a house on some undeveloped waterfront property. Little did...

Massachusetts Juvenile Court Judge Jan L. Najemy to take on role as first justice.
February 17, 2003... Byline: Massachusetts Lawyers Weekly Staff Word has it that Worcester County Juvenile Court Judge Jan L. Najemy is about to get a whole lot busier than she already was. Though Chief Judge Martha P. Grace (who was reappointed to a...

100 people attend "wake" for large Massachusetts law firm.
February 17, 2003... Byline: Massachusetts Lawyers Weekly Staff Ever gone to a "wake" for a law firm? More than 100 people recently attended just such an event for the "deceased" firm of Hutchins, Wheeler & Dittmar, according to one Boston lawyer. ...

Massachusetts law firms decide to stay small.
February 17, 2003... Byline: Massachusetts Lawyers Weekly Staff Hill & Barlow alums continue to settle into new homes, with the latest batch setting up shop at Boston's Prince, Lobel, Glovsky & Tye. Joining the firm are former Hill & Barlow partners Joseph...

Massachusetts Supreme Judicial Court Case Summaries: February 17, 2003.
February 17, 2003... Byline: Massachusetts Lawyers Weekly Staff Civil Rights Economic Coercion Where plaintiffs filed suit alleging that the defendants violated the Massachusetts Civil Rights Act by using the threat of mortgage foreclosure as a means...

U.S. Court of Appeals 1st Circuit Case Summaries: February 17, 2003.
February 17, 2003... Byline: Massachusetts Lawyers Weekly Staff Civil Practice Standing - ADA Case Where a plaintiff (1) suffers from rheumatoid arthritis and uses a wheelchair, (2) filed suit under the Americans with Disabilities Act and the Maine...

U.S. District Court Case Summaries: February 17, 2003.
February 17, 2003... Byline: Massachusetts Lawyers Weekly Staff Employment Discrimination Allegations - Exhaustion Requirements Where a plaintiff, who alleges that he was unfairly terminated because of his narcolepsy and the side effects of his...

U.S. Magistrate Judges Case Summaries: February 17, 2003.
February 17, 2003... Byline: Massachusetts Lawyers Weekly Staff Employment Exhaustion - Out- Of-State Employee Where the plaintiff, who resided in New Jersey while working as a sales representative for a Massachusetts-based defendant corporation,...

Are Torts on the Upswing?
February 17, 2003... Byline: Jeanne Greeley Bucking a recent downward trend, tort verdicts and settlements appear to be again on the rise in Massachusetts, based on a sampling of matters believed to include most of the larger monetary cases in the state. ...

Massachusetts Lawyers In The News: February 17, 2003.
February 17, 2003... Byline: Massachusetts Lawyers Weekly Staff On The Move . . . Bromberg & Sunstein Three new associates have joined the Boston law firm of Bromberg & Sunstein: Kenneth S. Sachar, Charlton Shen and Shaun P. Montana. All three are alumni...

Massachusetts Court of Appeals Case Summaries: February 17, 2003.
February 17, 2003... Byline: Massachusetts Lawyers Weekly Staff Appeals Judgments Affirmed The Appeals Court has affirmed, pursuant to Rule 1:28, judgments in the following cases. Although the decisions do not appear to address any substantive issues...

Commentary: Powerful Presentation Principles: Book Review.
February 17, 2003... Byline: Paul D. Boynton Unlike many "how-to" guidebooks -- which often put the "less" in lifeless prose -- David J. Dempsey's "Legally Speaking" provides a lively blueprint for successful oral presentations anywhere from the courtroom to...

Verdicts & Settlements February 17, 2003: Ma. Jury Rules For Defense In Rear-End Collision Case.
February 17, 2003... Byline: Massachusetts Lawyers Weekly Staff This case stemmed from a rear-end collision that occurred on Feb. 2, 1999 on an entrance ramp onto a highway in Beverly. The defendant admitted tapping the rear-end of the plaintiff's vehicle, but...

Verdicts & Settlements February 17, 2003: Failure To Diagnose Fracture Results In $1.2M Settlement.
February 17, 2003... Byline: Massachusetts Lawyers Weekly Staff This was a medical-malpractice case against an internist and neurosurgeon for alleged improper treatment rendered to the 72-year-old plaintiff, which resulted in the plaintiff becoming a T6...

Verdicts & Settlements February 17, 2003: Auto accident results in $120K award.
February 17, 2003... Byline: Massachusetts Lawyers Weekly Staff The plaintiff was operating his motor vehicle westbound on Route 195 in the area of the Swansea/Somerset town line when he observed a round object in the roadway. The plaintiff was reportedly...

Massachusetts Board of Bar Overseers Admonitions: February 17, 2003.
February 17, 2003... Byline: Massachusetts Lawyers Weekly Staff Supreme Judicial Court No. 2002-083BD IN RE: DAVID A. KIERNAN Supreme Judicial Court No. 2002-083BD IN RE: DAVID A. KIERNAN Last known office address: 450 Washington Street -...

Massachusetts Appeals Court Rules State Can't Take Land To Aid Landlocked Property Owner.
February 17, 2003... Byline: Bainbridge D. Testa The state's highway department could not take part of a landowner's property by eminent domain to create access to an abutting parcel that was allegedly "landlocked" by highway construction, the Appeals Court...

U.S. Magistrate Judge Rules Case First Brought In N.J. Can't Be Filed Late In Massachusetts.
February 17, 2003... Byline: Jason M. Scally A New Jersey-based employee could not pursue discrimination claims against her Massachusetts-based employer after erroneously filing her claims in New Jersey and missing the limitations period for filing in...

Verdicts & Settlements February 17, 2003: Failure to diagnose disease results in $1M settlement.
February 17, 2003... Byline: Massachusetts Lawyers Weekly Staff The plaintiff in this action was a 36-year-old mother of three who was diagnosed in September 1998 with stage IIIA gestational trophoblastic disease (GTD) with metastases to her lungs. The...

Verdicts & Settlements February 17, 2003: $21.4M Award For Failure To Perform Caesarean Section.
February 17, 2003... Byline: Massachusetts Lawyers Weekly Staff When the plaintiff was pregnant with her first child, she was more than two weeks past her due date. After three days of induction of labor via Pitocin failed to produce delivery or adequate labor,...

Verdicts & Settlements February 17, 2003: Dr. Pays $200K For Improper Insertion Of Breast Implants.
February 17, 2003... Byline: Massachusetts Lawyers Weekly Staff The plaintiff consulted with the defendant plastic surgeon regarding breast augmentation surgery. After consultation the plaintiff scheduled and underwent breast augmentation surgery on Aug. 30,...

Verdicts & Settlements February 17, 2003: Airline settles for $60K for passenger's coffee burn.
February 17, 2003... Byline: Massachusetts Lawyers Weekly Staff On Nov. 7, 2001, the plaintiff, a healthy 67-year-old woman, was traveling on a flight from Maui to Kauai during a Hawaiian vacation. Approximately 10 minutes into the flight, a flight attendant...

Commentary: Survival Tips For Your Next Lateral Move.
February 17, 2003... Byline: Stephen Seckler In 2002, the rate of change in the Boston legal community was staggering. Hill & Barlow and Hutchins, Wheeler & Dittmar both announced that they would be closing their doors after more than 100 years in business,...

Q&A with DC Entertainment Law Managing Partner Daphne Clarke.
February 17, 2003... Byline: Massachusetts Lawyers Weekly Staff Imagine wooing a client by jumping behind the turntables and laying down some beats, or by grabbing the mike and busting into a rap session. Shed all your notions of the typical attorney, and meet...

Massachusetts Supreme Judicial Court Chief Judge Sets Out To Track Case Information.
February 17, 2003... Byline: David L. Yas Supreme Judicial Court Chief Justice Margaret H. Marshall says she plans to use information gathered through the use of a new court computer system in order to track case information and someday get to the point where...

Massachusetts Supreme Judicial Court Rules Threat To Foreclose Is Not A Civil Rights Violation.
February 17, 2003... Byline: John O. Cunningham Shopping mall developers committed no civil rights violations where they purchased mortgages held by neighborhood property owners and threatened to foreclose on their property, the Supreme Judicial Court has...

Massachusetts Court of Appeals Case Summaries: February 17, 2003.
February 17, 2003... Byline: Massachusetts Lawyers Weekly Staff Attorneys Fees - Collateral Estoppel - Probate Proceeding Where a defendant was awarded summary judgment on a plaintiff attorney's complaint seeking payment for legal services rendered on...

Massachusetts Labor Relations Commission Case Summaries: February 17, 2003.
February 17, 2003... Byline: Massachusetts Lawyers Weekly Staff Labor Unilateral Order - Refusal - Suspension Where (1) a union member was suspended for refusing an order to audit inmate movement passbooks and (2) this Commission subsequently found...

Commentary: Cleaning The Lawsuits Out Of The Closet.
February 17, 2003... Byline: David L. Yas Just cleaning the lawsuits (and other stuff) out of the closet In Kansas City, Kansas, a judge has set a trial date in a discrimination lawsuit filed against Southwest Airlines by two black passengers who were...

Verdicts & Settlements February 17, 2003: Failure To Diagnose Bleeding Results In $800K Settlement.
February 17, 2003... Byline: Massachusetts Lawyers Weekly Staff The 62-year-old plaintiff's decedent died on May 27, 1996 from a gastrointestinal bleed. The plaintiff alleged that decedent was at high risk for a gastrointestinal bleed, and that the defendants...

Verdicts & Settlements February 17, 2003: Pedestrian Struck By Garbage Truck Prompts $550K Payout.
February 17, 2003... Byline: Massachusetts Lawyers Weekly Staff The 79-year-old plaintiff's decedent was struck by a garbage truck on Sept. 4, 1999 as she took her daily walk. The accident occurred on the sidewalk in front of 19 Winchester St. in Brookline. The...

Massachusetts Board of Bar Overseers Admonitions: February 24, 2003.
February 24, 2003... Byline: Massachusetts Lawyers Weekly Staff ADMONITION NO. 03-02 The respondent is a licensed real estate broker. The respondent is also a sole practitioner and, at the relevant times, had a law office at the same location as his realty...

Outside And In-House Counsels Join Forces For 'Strategic Merger'.
February 24, 2003... Byline: Rebecca J. Berfanger The deal made sense from its inception. Last February, two software companies decided to partner at the suggestion of their shared big-name clients -- and ended up merging nine months later, closing the fifth...

A Fair And Open Debate About Informal Sessions.
February 24, 2003... Byline: Massachusetts Lawyers Weekly Staff The legislative device known as an informal session is supposed to allow the government to continue to function when the Senate and House of Representatives are on break. It is a time to allow...

Massachusetts Lawyer Gets Disbarred And Goes To Jail.
February 24, 2003... Byline: Massachusetts Lawyers Weekly Staff Down in the dumps because we're on the brink of war with Iraq, the economy is sagging and winter just won't let up? Well, before you throw in the towel or move someplace tropical, consider the...

Coming Attractions in Massachusetts.
February 24, 2003... Byline: Massachusetts Lawyers Weekly Staff Worcester County Bar Day 2003 Friday, March 7 8:30 a.m. - 4:45 p.m. Crowne Plaza Hotel, 10 Lincoln Square, Worcester More info: (508) 752-1311 While the snow may be...

Massachusetts Superior Court Rules Woman Suing For Assault Can't Attach IRA Account.
February 24, 2003... Byline: John O. Cunningham A woman suing a man for assault and infliction of emotional distress could not obtain a prejudgment attachment of his retirement account, a Superior Court judge has ruled. The plaintiff was initially...

Worcester County Bar Day 2003.
February 24, 2003... Byline: Massachusetts Lawyers Weekly Staff Worcester County Bar Day 2003 Friday, March 7 8:30 a.m. - 4:45 p.m. Crowne Plaza Hotel, 10 Lincoln Square, Worcester More info: (508) 752-1311 While the snow may be...

Annual reports shows many Massachusetts lawyers support low-income, start-up businesses.
February 24, 2003... Byline: Massachusetts Lawyers Weekly Staff A few hundred low-income entrepreneurs across the state are singing the praises of scores of volunteer lawyers -- and for good reason. Laurie Hauber, director of the Economic Justice Project of...

Is Now The Time To Go Solo?
February 24, 2003... Byline: Jason M. Scally Until recently, joining a large or medium-sized firm was the safe bet -- big bucks, a regular paycheck and a secure environment to learn the legal ropes. But with firms laying off attorneys by the dozens, and...

Lopez Hearing Might Drain Funds From Massachusetts Court Budgets.
February 24, 2003... Byline: Jeanne Greeley The Judicial Conduct Commission recently requested a 28-percent budget increase to handle costs associated with the ongoing hearing of Superior Court Judge Maria I. Lopez, creating the real possibility that JCC...

Former Boston Police Dept. Director of Labor Relations Audrey S. Cutler Dies At 46.
February 24, 2003... Byline: Massachusetts Lawyers Weekly Staff Audrey Susan Cutler, former director of labor relations for the Boston Police Department, died at Massachusetts General Hospital after a long illness. She was 46 and resided in Dover. Cutler...

Massachusetts Court of Appeals Case Summaries: February 24, 2003.
February 24, 2003... Byline: Massachusetts Lawyers Weekly Staff Appeals Judgments Affirmed The Appeals Court has affirmed, pursuant to Rule 1:28, judgments in the following cases. Although the decisions do not appear to address any substantive issues...

United States Bankruptcy Court Case Summaries: February 24, 2003.
February 24, 2003... Byline: Massachusetts Lawyers Weekly Staff Bankruptcy Sale Of Season Tickets - Ownership Where a Chapter 11 trustee seeks court approval of his plan to sell four Boston Red Sox season tickets, the request must be denied on the...

U.S. District Court Case Summaries: February 24, 2003.
February 24, 2003... Byline: Massachusetts Lawyers Weekly Staff Civil Practice 'SLAPP' - Dismissal - Federal Case Where defendants, having removed the plaintiffs' action from state court to this court based on diversity of jurisdiction, now seek...

Verdicts & Settlements February 24, 2003: Plaintiff gets $700K for rear-end collision suit.
February 24, 2003... Byline: Massachusetts Lawyers Weekly Staff On Nov. 18, 1997, the plaintiff was operating an express delivery van that was stopped on a two-lane road to make a left turn onto a side street. His van was struck from behind by an 18-wheel dump...

U.S. District Court Rules Anti-SLAPP Law Can't Be Used In Federal Court.
February 24, 2003... Byline: Bainbridge D. Testa A condo owner who was sued by a developer in state court for delaying construction of a building -- and who subsequently removed the case to federal court based on diversity jurisdiction -- could not have the...

Massachusetts Lawyers In The News: February 24, 2003.
February 24, 2003... Byline: Massachusetts Lawyers Weekly Staff New Associations Giovanna H. Fessenden, Sandra A. Brockman-Lee, Troy T. Svihn and Ilya R. Lapshin have joined Hamilton, Brook, Smith & Reynolds in Concord as associates. Richard L. Levine...

Verdicts & Settlements February 24, 2003: Ma. jury rules for defense in slip and fall suit.
February 24, 2003... Byline: Massachusetts Lawyers Weekly Staff The plaintiff asserted that on Feb. 5, 1997 she was injured as a result of an unnatural accumulation of snow and ice and other defects in the condominium's common area sidewalk. The plaintiff...

Verdicts & Settlements February 24, 2003: Ma. jury rules for defense in rear-end collision case.
February 24, 2003... Byline: Massachusetts Lawyers Weekly Staff This suit arose out of an auto accident that occurred on July 26, 1997, in which the plaintiff struck the rear bumper of the motor vehicle operated by the co-defendant. A Peabody police...

Verdicts & Settlements February 24, 2003: Ma. restaurant settles for $400K for unsafe handicap ramp.
February 24, 2003... Byline: Massachusetts Lawyers Weekly Staff The plaintiff was injured on the defendant restaurant's property after falling on a handicap ramp, which was located at the exitway of the restaurant. The plaintiff alleged the ramp was defective...

Verdicts & Settlements February 24, 2003: Ma. restaurant settles for $400K for defective stairway.
February 24, 2003... Byline: Massachusetts Lawyers Weekly Staff This action arose out of an accident that occurred when the plaintiff, a delivery person, was attempting to make a delivery to the storage area of a restaurant by using a stairway that he alleged...

Increase In Registry Fees High Priority For Massachusetts Conveyancers Association.
February 24, 2003... Byline: Richard Keshian Following is a letter directed to members of the Massachusetts Conveyancers Association, a copy of which was sent to Lawyers Weekly. To MCA Members: These are difficult financial times for Massachusetts....

Amendments To Massachusetts 1st Circuit Local Rules.
February 24, 2003... Byline: Massachusetts Lawyers Weekly Staff Editor's Note: On Dec. 16, 2002, the 1st U.S. Circuit Court of Appeals requested comments on proposed amendments to Local Rule 34.1(c) (calendaring) and Local Rule 47 (Advisory Committee)....

Massachusetts Court of Appeals Case Summaries: February 24, 2003.
February 24, 2003... Byline: Massachusetts Lawyers Weekly Staff Workers' Compensation Benefit Discontinuance - Medical Evidence Where an employee has appealed an administrative judge's decision discontinuing the employee's weekly workers' compensation...

Massachusetts Land Court Case Summaries: February 24, 2003.
February 24, 2003... Byline: Massachusetts Lawyers Weekly Staff Civil Practice Contempt - Fees And Costs Where this court has found that the defendants engaged in conduct amounting to civil contempt, such defendants will be ordered to pay the...

Massachusetts Court of Appeals Case Summaries: February 24, 2003.
February 24, 2003... Byline: Massachusetts Lawyers Weekly Staff Employment Discrimination Claim - Race And Color Where a hearing officer dismissed a complainant's claim of race and color discrimination, we hold that the hearing officer acted...

Massachusetts Superior Judicial Court Case Summaries: February 24, 2003.
February 24, 2003... Byline: Massachusetts Lawyers Weekly Staff Criminal Murder - Armed Robbery Where a defendant was convicted of felony-murder and armed robbery, the armed robbery conviction must be vacated as duplicative. The murder conviction...

Massachusetts Superior Court Case Summaries: February 24, 2003.
February 24, 2003... Byline: Massachusetts Lawyers Weekly Staff Civil Practice Commitment - Sexually Dangerous Person Where the commonwealth is seeking to have a defendant committed as a sexually dangerous person, I hold that the commitment request...

Commentary: Intent May Trump Ancient Real Estate Rules.
February 24, 2003... Byline: William V. Hovey The other day a case walked into the office involving a deed from A to B reserving an easement over B's land in favor of C. I immediately opined that C acquired no easement since C was a stranger to the deed. ...

Massachusetts attorney Herbert David Flynn Dies At 85.
February 24, 2003... Byline: Massachusetts Lawyers Weekly Staff Eighty-five-year-old Herbert David Flynn passed away recently, but despite his long career as an attorney, he will be remembered by many as a barber, a bum and a wino. No, those descriptions...

Notice Of Hearing At Division of Insurance for Commonwealth of Massachusetts.
February 24, 2003... Byline: Massachusetts Lawyers Weekly Staff COMMONWEALTH OF MASSACHUSETTS Office of Consumer Affairsand Business Regulation DIVISION OF INSURANCE One South StationBoston, MA 02110-2208 (617) 521-7794 * FAX (617) 521-7758...

Massachusetts Real Estate Bar Opposes Fee Hike At Registries.
February 24, 2003... Byline: Jason M. Scally Real estate lawyers are expressing concern over a recent legislative proposal that would increase fees at the registries of deeds -- even though it would also allow the registries to keep some of the money they...

Massachusetts Appellate Tax Board Case Summaries: February 24, 2003.
February 24, 2003... Byline: Massachusetts Lawyers Weekly Staff Taxation Single- Family Home - Chatham Where the owners of a Chatham single-family home have sought a property tax abatement for fiscal year 2001, we conclude that their abatement request...

Massachusetts Court of Appeals Case Summaries: February 24, 2003.
February 24, 2003... Byline: Massachusetts Lawyers Weekly Staff Environmental Resource Area Delineation - Appeal Where a conservation commission petitioner has appealed a wetlands superseding order of resource area delineation granted to a landowning...

U.S. Court of Appeals 1st Circuit Case Summaries: February 24, 2003.
February 24, 2003... Byline: Massachusetts Lawyers Weekly Staff Administrative OCC Opinion Letter - No 'Justiciable Regulatory Conflict' Where the Massachusetts Commissioners of Insurance and Banks have filed a petition challenging an opinion letter...

Verdicts & Settlements February 24, 2003: Ma. Jury Awards $4.2M In Wrongful Termination Suit.
February 24, 2003... Byline: Massachusetts Lawyers Weekly Staff The plaintiff was the chair on an experimental breast cancer protocol in which a reporter for the defendant newspaper was enrolled. In November 1994, when the plaintiff was allegedly not on...

Verdicts & Settlements February 24, 2003: Two-Car Collision Case Settles For $100K.
February 24, 2003... Byline: Massachusetts Lawyers Weekly Staff On Aug. 4, 2002, the 60-year-old plaintiff, who was on disability for asthma, was operating her vehicle through a controlled intersection when she was reportedly broad-sided by another vehicle...

Verdicts & Settlements February 24, 2003: Charity organization pays $275K to policeman hurt by bull.
February 24, 2003... Byline: Massachusetts Lawyers Weekly Staff This case arose out of an accident that took place on property owned by a charitable organization. When an enraged bull escaped from a "bloodless bullfight" being held by the charitable...