Massachusetts Lawyers Weekly articles from February 2004

Massachusetts Lawyers Weekly archives from February 2004

Verdicts & settlements February 2, 2004: general contractor pays $3.9M for unsafe traffic control.(negligence, torts and medical malpractice case)(Case overview)
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff $3.9 Million SettlementThe plaintiff was operating his motor vehicle on a highway when he came upon an allegedly unsafe traffic control set up at the beginning of a bridge reconstruction project...

Verdicts & settlements February 2, 2004: insurance co pays $2.75M for fallen man changing billboard.(negligence and torts case)(Case overview)
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff $2.75 Million SettlementOn June 4, 2000, the plaintiff (37 years old at the time and single) was changing a vinyl advertisement on a billboard adjacent to the highway. At the time of the accident,...

Verdicts & settlements February 2, 2004: wallpaper manufacturer pays $2.35M to distributor.(breach of contract case)(Brewster Wallcovering Company v. Blue Mountain Wallcoverings)(Case overview)
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff $2.35 Million VerdictThe plaintiff, an international wallpaper distributor based in Randolph, brought claims against the defendant, a Canadian wallpaper manufacturer, for the defendant's alleged...

Verdicts & settlements February 2, 2004: $800K settlement for injuries from vehicle negligence.
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff $800,000 Settlement The plaintiffs, husband and wife, were struck in their vehicle head on by a commercial truck on Sept. 7, 2000, in Quincy. The accident reportedly occurred when the truck...

Verdicts & settlements February 2, 2004: $2.9M settlement for patient dying following heart surgery.
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff $2.9 Million Settlement The plaintiff's decedent was a 44-year-old man who underwent quadruple bypass surgery by the defendants on Oct. 20, 1998. The defendant surgeon performed an operation...

No Charitable Immunity for HMO in bias case.(health maintenance organizations, Federal Tort Claims Act, Massachusetts Equal Pay Act )
February 2, 2004... Byline: John O. Cunningham A health care provider being sued for racial discrimination was not entitled to the protection of the state's $20,000 charitable immunity, a Superior Court judge has ruled. The defendant argued that G.L.c....

A proposal requiring Boston attorneys that lack liability insurance to reveal that to their clients.
February 2, 2004... Byline: Lisa K. Bruno Attorneys who do not have professional liability insurance would be required to disclose that fact to their clients in writing under a new proposal -- a prospect that has lawyers concerned about prejudicing clients...

Board of Bar Overseers' new proposal has many lawyers scrambling for a new insurance carrier.
February 2, 2004... Byline: Jeanne Greeley A new proposal by the Board of Bar Overseers that would require lawyers to disclose to clients whether or not they have malpractice insurance -- and how much their coverage is -- could have many lawyers shopping...

U.S. supreme court case summaries: February 2, 2004.
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff Bankruptcy Chapter 7 Debtor - Attorney Payment A Chapter 7 debtor's attorney cannot be paid from the bankruptcy estate for work done after the trustee was appointed, unless the attorney...

1st U.S. circuit court of appeals case summaries: February 2, 2004.
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff Civil Practice Default - Currency Seizure Where (1) an appellant filed a verified administrative claim asserting that he was the owner of $23,000 in U.S. currency seized at an airport in...

U.S. district court case summaries: February 2, 2004.
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff Constitutional First Amendment - Fire Department Regulations Where plaintiff firefighters and their co-plaintiff union challenge, on constitutional grounds, Sect. 7 of the Malden Fire...

U.S. bankruptcy appellate panel case summaries: February 2, 2004.
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff Bankruptcy Standing - Appeal Where a debtor has appealed a bankruptcy court order awarding the entire mount of the estate to the Chapter 7 Trustee as payment for legal work, the appeal...

Supreme judicial court case summaries: February 2, 2004.
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff Contract Mechanic's Lien - Interest - Attorneys' Fees Where a plaintiff company, in enforcing a mechanic's lien, sought contractual interest and attorneys' fees, that request was...

Appeals court case summaries: February 2, 2004.
February 2, 2004... 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...

Superior court case summaries: February 2, 2004.
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff Attorneys Legal Malpractice - Causation Where a plaintiff alleges that the defendant committed legal malpractice while representing him in a divorce and custody proceeding in Probate &...

District Court/BMC Appellate Division.
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff Agency And Partnership Partnership By Estoppel - Architectural Fees Where a defendant has been held liable for unpaid architectural fees, the judgment should be affirmed despite the...

Land court case summaries: February 2, 2004.
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff Real Property Title Dispute - Relitigation Where a plaintiff has filed a complaint seeking an order enjoining his brother, the defendant, from selling a parcel of property, the complaint...

Owner challenges real estate tax assessments.(Brief article)
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff Taxation Real Estate Valuation Where the owner of three contiguous parcels of land in Wakefield has challenged the real estate tax assessments for fiscal years 2001 and 2002, the...

Massachusetts commission against discrimination.
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff Employment Retaliation Claim - Bus Driver Where a complainant bus driver alleges that he was illegally fired by the respondent employer in retaliation for having earlier filed a charge of...

Department of industrial accidents case summaries: February 2, 2004.
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff Workers' Compensation Causation - Concurrent Employer Where a workers' compensation insurer claims that an employee's shoulder injury is the responsibility of a concurrent employer, that...

Massachusetts environmental administrative law judges face termination by Gov. Romney.(Mitt Romney)(Brief article)
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff Environmental administrative law judges who handle appeals in Massachusetts may face termination under a plan proposed by Gov. Mitt Romney's office, and, according to lawyers, it's a bad idea. ...

Malpractice insurance proposal goes overboard.(Letter to the editor)
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff To the Editor: In response to "Proposal Requires Disclosure of Liability Insurance Info" (Jan. 19, Feb. 2), Rule 1.4 Communication, "lawyer's professional liability insurance... limits of...

'Goodridge' decision is a 'perversion' of the constitution.(Letter to the editor)
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff To the Editor: I am ashamed to admit that I am licensed to practice law by the Board of Bar Overseers of the Supreme Judicial Court, the same court that gave us its baseless hodge-podge...

Weighing in on 'overreaching' lawyers issue.(Letter to the editor)
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff To the Editor: I read with interest the different views of protecting pro se individuals from overreaching lawyers ("Protecting Pro Ses From 'Overreaching' Lawyers," Jan. 19; "Column On Rule...

Massachusetts soccer legislation is a 'harebrained idea'.(Letter to the editor)
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff To the Editor: In life and politics, as indeed in sports and most other human endeavor, one is best advised to use one's head. Not so if you happen to be an "activist" legislator like Rep....

Kudos to Fitzpatrick for being selected Lawyers Weekly's 'Lawyer of the year.
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff To the Editor: Nathanson & Goldberg congratulates our colleague, Shannon M. Fitzpatrick, on being selected one of Lawyers Weekly's "Lawyers of the Year" (Dec. 29, 2003). We are proud of her....

Massachusetts notice of hearings at division of insurance.(Public notice)
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff COMMONWEALTH OF MASSACHUSETTS Office of Consumer Affairs and Business Regulation DIVISION OF INSURANCE One South Station, Boston, MA 02110-2208 (617) 521-7794, Fax: (617) 521-7758...

Rules clarify summary process proceedings in Massachusetts.
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff SUPREME JUDICIAL COURT Boston, Massachusetts 02108 NOTICE OF APPROVAL Notice is hereby given that the Supreme Judicial Court has approved and promulgated rules as further indicated...

Proposal requires Massachusetts lawyers to disclose liability insurance info to client.(Public notice)
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff Editor's Note: The following announcement was first published in the Jan. 19 issue, but did not include the letter from the Board of Bar Overseers. The letter further explains the proposed changes...

Massachusetts governor Romney signs bills.(Mitt Romney)(Brief article)
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff The following bills have been signed into law by Gov. Mitt Romney. The anticipated effective dates are listed but are subject to change. The full text of statutes may be ordered from Lawyers...

Prominent author promotes New York law firm.(Brief article)
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff When a prominent author promotes new work, he doesn't generally make a law firm one of the key stopping points on a whirlwind book tour. But that's exactly what happened when Douglas Brinkley...

Boston's 20 most eligible bachelors and bachelorettes.
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff If you really want to make yourself feel like an underachieving loser, grab a copy of this month's Improper Bostonian featuring the "20 Most Eligible Bachelors & Bachelorettes." Apparently...

Ayer Massachusetts courtroom installs and uses former military furniture.(Brief article)
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff When the court officer at Ayer District Courts says: "Please rise," you better stand up straight and tall. There's a military presence in the air at Ayer. The judge's bench in the second floor...

Governor's councilor Edward M. O'Brien dies at age 70.(Obituary)(Brief article)
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff Governor's Councilor Edward M. O'Brien, who had battled cancer and other challenges for more than a year, died at the age of 70. O'Brien, an Easthampton Democrat, was remembered recently by...

Boston law firms' recent promotions and employment changes.
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff NewsMakers Promotions Foley Hoag in Boston has promoted five attorneys to partner status: Jeffrey D. Collins, Sarah E. Cooleybeck, Michael V. Dowd, Malcolm G. Henderson and Kevin A....

How lawyers can overcome the resistance to change.
February 2, 2004... Byline: Stephen E. Seckler and Harry Keshet The New Year is a good time to reflect on our lives. What did we do well over the past 12 months? Where did we fall short in our personal and professional lives? How can we improve ourselves in...

Massachusetts lawyer gets reinstated after one year suspension.(Timothy E. Sterritt)(Brief article)
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff SJC No. BD-2001-0052 IN RE: TIMOTHY E. STERRITT Petition for Reinstatement NOW COMES Timothy E. Sterritt and hereby petitions this Honorable Court to reinstate him as an attorney. In...

Massachusetts woman must repay nearly $11K to her attorney for past fees.
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff BBO Public Reprimand No. 2003-16 IN RE: FRANK R. SAIA Last known office address: 106 State Street Springfield, MA 01103 Order (public reprimand) entered by the Board December 30, 2003...

Massachusetts Board of Bar Overseers votes to sanction a respondent by a public reprimand.(Ronald E. Oliveira)
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff BBO Public Reprimand No. 2003-17 IN RE: RONALD E. OLIVEIRA Last known office address: 100 North Street Suite 301 Pittsfield, MA 01201-5190 Order (public reprimand) entered by the Board...

Massachusetts Bar Counsel files petition for discipline against attorney Kenneth M. Levine.
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff BBO Public Reprimand No. 2003-18 IN RE: KENNETH M. LEVINE Last known office address: 370 Washington Street Brookline, MA 02446 Order of Public Reprimand and Board memorandum entered on...

1st U.S. Circuit Court of Appeals Rules Two-Year Limit Applies To Claim For Discrimination.
February 2, 2004... Byline: Jason Scally A job applicant who claimed he was denied a position with the U.S. Postal Service because of his age was not time-barred on a lawsuit that was brought within two years of the act in question, the 1st U.S. Circuit Court...

Mass. Supreme Judicial Court Denies Holder Of Mechanic's Lien Counsel Fees.
February 2, 2004... Byline: Jason M. Scally A subcontractor seeking payment under a mechanic's lien could not seek more than the stated amount of the lien -- even though a prior contract called for interest and attorneys' fees, the Supreme Judicial Court has...

Mass. Appeals Court Case Summaries: February 2, 2004.
February 2, 2004... 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...

Mass. Against Discrimination Case Summaries: February 2, 2004.
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff Employment Handicap Discrimination Claim - Electrician Where an electrician, who suffers from ptosis in both eyes and a number of other medical conditions, has filed a handicap...

Verdicts & settlements February 2, 2004: $2.25M settlement for med-mal suit.
February 2, 2004... Byline: Massachusetts Lawyers Weekly Staff $2.25 Million Settlement The plaintiff's decedent was a 57-year-old woman who was admitted to Winchester Hospital on Feb. 14, 1999, for pain control. Less than 24 hours after admission to an...

Verdicts & Settlements February 9, 2004: jury awards $2.1M to injured electrician.(Arsenault v. Boston Edison Company)(personal injuries, torts and negligence case)(Case overview)
February 9, 2004... Byline: Massachusetts Lawyers Weekly Staff $2.1 Million VerdictThis was a tort action in which the plaintiff sought to recover for personal injuries suffered as a result of an incident on May 1, 2000 at the Emerson Convalescent Home in...

Verdicts & settlements February 9, 2004: anesthesiologist settles for $750K in med-mal suit.(medical malpractice case)(Case overview)
February 9, 2004... Byline: Massachusetts Lawyers Weekly Staff $750,000 SettlementThe plaintiff's decedent was a 50-year-old woman with symptomatic uterine fibroids. Otherwise healthy, she entered the hospital on March 5, 2002 for routine gynecological...

Verdicts & settlements February 9, 2004: physician settles for $750K for vegetative state of young b.(medical malpractice case)(Case overview)
February 9, 2004... Byline: Massachusetts Lawyers Weekly Staff $750,000 SettlementThis case involved the death of an 8-year-old boy from complications of prolonged seizure. The defendant was an emergency room physician who treated the plaintiffs' decedent for...

Verdicts & settlements February 9, 2004: donut shop owner not guilty for patron's injuries.(Grealish v. Harold Crockett Company)(personal injuries and premises liability case )
February 9, 2004... Byline: Massachusetts Lawyers Weekly Staff Defense VerdictThe defendant, a franchisee of a Dunkin Donuts establishment, was sued by a patron who was injured when a vehicle, which was parked in front of the defendant's store, accelerated...

Verdicts & settlements February 9, 2004: oil companies settle for $1.6M for town's water contaminati.(Town of Sturbridge v. Mobil Oil Corporation)(environmental protection case)(Case overview)
February 9, 2004... Byline: Massachusetts Lawyers Weekly Staff $1.6 Million SettlementDuring the mid-1980s and early 1990s gasoline releases were detected at two separate gasoline service stations in the Town of Sturbridge, the plaintiff. Both releases...

Verdicts & settlements February 9, 2004: $2.6M settlement for man dying due to asbestos exposure.
February 9, 2004... Byline: Massachusetts Lawyers Weekly Staff $2.6 Million Settlement The plaintiff's decedent was exposed to asbestos while employed as a steamfitter, pipefitter and plumber from approximately 1949 to 1984. A member of several unions, he...

Massachusetts apartment guest brings suit against landlords.(Patricia E. Malonson v. Martha Arsenault)(premises liability case)(Case overview)
February 9, 2004... Byline: Lisa K. Bruno A woman who was a guest at an apartment where she was injured could sue the landlords under Chapter 93A for failing to maintain the front steps, a Superior Court judge has ruled. The defendants had argued that an...

Massachusetts judge won't modify foreign child custody agreement.(Rubeitz v. Labban)(Case overview)
February 9, 2004... Byline: Lisa Bruno A Massachusetts judge could not modify the child-custody provisions of a foreign divorce judgment upon the request of a Lebanese mother who had removed her daughter from Lebanon to the United States, a Probate & Family...

Massachusetts superior court judge rules that plaintiffs must still pay state's $90 anniversary fee.
February 9, 2004... Byline: John O. Cunningham A recent decision by a Superior Court judge and a memo from the state District Court both indicate that plaintiffs will continue to be burdened by an automatic fee for civil cases that have been pending for more...

Judge concludes driver is covered under father's excess insurance policy.(Metropolitan Property and Casualty Insurance Co. v. Morel)(Case overview)
February 9, 2004... Byline: Jason M. Scally A man who caused a car accident should have been covered by his father's umbrella insurance policy, even though the father no longer lived in the family "household," the Appeals Court has ruled. The insurance...

Lawyers mentioning a number on 'intangible' damages in closing arguments push the boundaries.
February 9, 2004... Byline: John O. Cunningham It has long been believed that Massachusetts lawyers are prohibited from asking a jury to render a specific dollar amount for pain and suffering, loss of consortium or other intangible damages. Now, however,...

1st U.S. circuit court of appeals case summaries: February 9, 2004.
February 9, 2004... Byline: Massachusetts Lawyers Weekly Staff Appeals Timeliness - Tolling Where plaintiffs have appealed a summary judgment entered for the defendants in an employment discrimination case, the appeal must be dismissed as untimely...

U.S. District Court.
February 9, 2004... Byline: Massachusetts Lawyers Weekly Staff Appeals Interlocutory Appeal - Illinois Law Where a defendant seeks reconsideration of an order denying the defendant's motion for summary judgment with respect to claims brought pursuant...

U.S. bankruptcy appellate panel case summaries: February 9, 2004.
February 9, 2004... Byline: Massachusetts Lawyers Weekly Staff Bankruptcy Fraudulent Transfer - Amendment Of Pleadings Where a Chapter 7 trustee initiated an action to avoid an allegedly fraudulent transfer, the judge erred by entering judgment...

U.S. bankruptcy court February 9, 2004: unsecured creditors object to IRS's quickie tax refund plan.
February 9, 2004... Byline: Massachusetts Lawyers Weekly Staff Bankruptcy Tax Refund Where the Official Committee of Unsecured Creditors has objected to the Internal Revenue Service's claim for a return of a tentative tax refund, the objection should...

Gateway Group Advantage sues IHA for misrepresentation of the sale of insurance franchise.(Brief article)
February 9, 2004... Byline: Massachusetts Lawyers Weekly Staff Insurance Directors, Officers And Private Company Liability Insurance Policy - Initial Wrongdoing Where defendants, charged with misrepresentation in connection with the sale of insurance...

Appeals court case summaries: February 9, 2004.
February 9, 2004... 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...

Superior court case summaries: February 9, 2004.
February 9, 2004... Byline: Massachusetts Lawyers Weekly Staff Appeals Waiver Of Costs - Reasonableness Of Appeal Where (1) an attorney filed a legal malpractice action, (2) a jury found that the plaintiff had no attorney-client relationship with the...

District court appellate division case summaries: February 9, 2004.
February 9, 2004... Byline: Massachusetts Lawyers Weekly Staff Landlord And Tenant Commercial Lease - Unauthorized Alterations Where a judgment was entered for the defendant commercial lessee in a summary process action, that judgment must be reversed...

Land court case summary: February 9, 2004.
February 9, 2004... Byline: Massachusetts Lawyers Weekly Staff Real Property Title - Cohasset Parcel Where a dispute has arisen as to who holds title to a one-half acre parcel located on the shore of Bailey's Creek in Cohasset, I find from the...

Probate & family court case summaries: February 9, 2004.
February 9, 2004... Byline: Massachusetts Lawyers Weekly Staff Parent And Child Foreign Judgment - Complaint For Modification Where a plaintiff Lebanese mother has removed her daughter from Lebanon to the United States and has moved in the present...

Labor relations commission case summaries: February 9, 2004.
February 9, 2004... Byline: Massachusetts Lawyers Weekly Staff Labor School 'Building Technology Coordinator' Where evidence indicates that the position of "building technology coordinator" at Marion's Sippican School is a professional position, we...

Department of industrial accidents case summaries: February 9, 2004.
February 9, 2004... Byline: Massachusetts Lawyers Weekly Staff Workers' Compensation Laches - Widow's Benefits Where retroactive partial incapacity benefits were awarded to the widow of an injured worker, a remand must be ordered with instructions to...

Massachusetts med-mal reform proposal to eliminate jury trials is a misguided and radical idea.(medical malpractice)
February 9, 2004... Byline: Massachusetts Lawyers Weekly Staff A new proposal for medical-malpractice reform would eliminate jury trials -- and it appears to be an idea that is as misguided as it is radical. The plan (generally a tribunal system with...

Massachusetts government ignores "loophole" allowing sex offenders to move in without registering.(Letter to the editor)
February 9, 2004... Byline: Massachusetts Lawyers Weekly Staff To the Editor: In a letter to the editor last year I alerted readers that the Sex Offender Registry contained a glaring "loophole" allowing out-of-state offenders to move into Massachusetts...

Same-sex couples no longer second citizens.(Letter to the editor)
February 9, 2004... Byline: Massachusetts Lawyers Weekly Staff To the Editor: J. Edward Pawlick's letter condemning the major bar associations for supporting equal marriage rights for same-sex couples represents more of the anti-gay ranting he is known...

Massachusetts Board of Bar Overseers clears up amendment confusion.(Letter to the editor)
February 9, 2004... Byline: Massachusetts Lawyers Weekly Staff To the Editor: I write to dispel two misconceptions that have appeared in the Massachusetts Lawyers Weekly regarding the proposal by the Board of Bar Overseers to require lawyers who do not...

Supreme judicial court seeking amicus briefs: February 9, 2004.
February 9, 2004... Byline: Massachusetts Lawyers Weekly Staff SUPREME JUDICIAL COURT FOR THE COMMONWEALTH ANNOUNCEMENT THE SUPREME JUDICIAL COURT IS SOLICITING AMICUS BRIEFS OR MEMORANDA FROM INTERESTED PARTIES IN THE FOLLOWING APPEAL PENDING BEFORE THE...

Governor Mitt Romney signs the following bills.(Brief article)
February 9, 2004... Byline: Massachusetts Lawyers Weekly Staff The following bills have been signed into law by Gov. Mitt Romney. The anticipated effective dates are listed but are subject to change. The full text of statutes may be ordered from Lawyers...

Attorney's artwork on display at the John Joseph Moakley U.S. courthouse until end of February.(Brief article)
February 9, 2004... Byline: Massachusetts Lawyers Weekly Staff What better way to spend your days at the federal courthouse than just hanging around on the walls and looking pretty? That's what the artwork of attorney Judythe Evans Meagher will be doing...

Boston Bar Council putting together a slate of 14 members to fill seven council openings.(Brief article)
February 9, 2004... Byline: Massachusetts Lawyers Weekly Staff Think you might like to try a stint on the Boston Bar Association Council? Go right ahead, but be prepared to work hard -- really hard, warns Regina S. Rockefeller, head of the BBA's...

Promotions and management changes of Boston professionals.
February 9, 2004... Byline: Massachusetts Lawyers Weekly Staff NewsMakers Promotions Mark O. Denehy has been named managing partner at Adler, Pollock & Sheehan, which has offices in Boston and Providence. Denehy will replace Robert E. Liguori, who...

Interview with Mass. JUDGE PETER J. KILMARTIN.(Massachusetts)(Interview)
February 9, 2004... Byline: Massachusetts Lawyers Weekly Staff In a time when state officials are debating whether to close some of the commonwealth's smaller courthouses, Judge Peter J. Kilmartin is a good example of why they perhaps should stay open. The...

Commentary: On The Trail Of The Conspirators.
February 9, 2004... Byline: Massachusetts Lawyers Weekly Staff You might have noticed in a recent issue of Lawyers Weekly that when we tallied up the largest jury verdicts of the year, they weren't all that, well, large. Just a handful of...

Mass. Department of Industrial Accidents Case Summaries: February 9, 2004.
February 9, 2004... Byline: Massachusetts Lawyers Weekly Staff Workers' Compensation Partial Incapacity Where an employee was awarded partial incapacity benefits for a work-related low back injury, the award should be affirmed because there is no...

Mass. Supreme Judicial Court Case Summaries: February 9, 2004.
February 9, 2004... Byline: Massachusetts Lawyers Weekly Staff Constitutional Civil Unions - Same- Sex Couples Where the Massachusetts Senate is considering a bill which would allow same-sex couples to enter into civil unions but would deny them the...

DEP order allows bridge project to go on regardless of local proceedings.(Department of Environmental Protection)
February 16, 2004... Byline: John O. Cunningham An access bridge could be constructed pursuant to an order of the Department of Environmental Protection regardless of any local proceeding to regulate that development, a Superior Court judge has ruled.The...

MBA advises that a discharged lawyer may withhold client file.(Massachusetts Bar Association)
February 16, 2004... Byline: David L. Yas An attorney discharged by an elderly client could withhold the client file from a successor attorney in order to ascertain that the client had freely decided to terminate the lawyer, the Massachusetts Bar Association's...

1st U.S. circuit court of appeals case summaries: February 16, 2004.
February 16, 2004... Byline: Massachusetts Lawyers Weekly Staff ConstitutionalImmunity - Highway AuthorityWhere a federal court has found the defendant Puerto Rico Highway and Transportation Authority not entitled to 11th Amendment immunity in connection with...