Massachusetts Lawyers Weekly articles from February 2005

Massachusetts Lawyers Weekly archives from February 2005

Bar of Board Overseers Public Reprimand: February 7, 2005.
February 7, 2005... Byline: Massachusetts Lawyers Weekly Staff BBO Public Reprimand No. 2004-20 IN RE: DOUGLAS R. MacDONALD Last known office address: P.O. Box 211 South Weymouth, MA 02190 Order (public reprimand) entered by the Board December 22, 2004...

Superior Court judge deals setback to Mass. auto-insurance revamp.(Massachusetts)(Brief Article)
February 7, 2005... Byline: Massachusetts Lawyers Weekly Staff A Superior Court judge dealt a blow to a Romney administration bid to revamp the state's auto insurance system as opponents warned the governor's initiative would cause discounts to dry up and...

Massachusetts lawyers make charitable contributions to help tsunami victims.
February 7, 2005... Byline: Massachusetts Lawyers Weekly Staff Bay State lawyers responded to the recent tsunami crisis with generous contributions to numbers of charities involved in "on the ground" relief efforts. In fact, locally headquartered Oxfam...

Legal Affairs conducts poll seeking top 20 legal thinkers in America.
February 7, 2005... Byline: Massachusetts Lawyers Weekly Staff The award season is in full swing, at least for the denizens of Hollywood. But the entertainment industry isn't the only one to take the opportunity to pat itself on the back now and then. It...

Commentary: Is reform necessary for Bar of Board Overseers.
February 7, 2005... Byline: David Yas One of my role models when I was a younger man you know, before the cruel world crushed my spirit was a lawyer named Russ. Russ was a solid guy with good morals, good instincts and an occasionally wicked sense of humor....

Commentary: Litigation tactics in mediation: Are they ethical?
February 7, 2005... Byline: Bette J. Roth As litigation counsel, have you at some point bluffed your opponent, protected sensitive information, overstated your case or been less than candid? If so, would you have considered it part of the zealous...

George L. Meltzer, member of Massachusetts bar, dies.
February 7, 2005... Byline: Massachusetts Lawyers Weekly Staff George L. Meltzer, a member of the Massachusetts bar since 1960, died Jan. 10 after being struck by an automobile while walking near his home in Boynton Beach, Fla. After serving in the Army...

Frank W. Kilburn, retired special justice of Nantucket District Court, dies.
February 7, 2005... Byline: Massachusetts Lawyers Weekly Staff Frank W. Kilburn, a retired special justice of the Nantucket District Court and a civil litigation attorney, died in Boston on Dec. 27, 2004. He was 84. Born in Brockton, Kilburn served as an...

Norma M. Karaian, former Massachusetts atty., dies.
February 7, 2005... Byline: Massachusetts Lawyers Weekly Staff Norma M. Karaian considered to be the first American-born Armenian female attorney in the United States, according to The Boston Globe died Jan. 16 at her home in Watertown. She was 100. Born...

Verdicts & Settlements February 7, 2005: Billing clerk claims she's unable to work after accident.
February 7, 2005... Byline: Massachusetts Lawyers Weekly Staff $370,000 Settlement The plaintiff was struck from behind while letting pedestrians cross on South Broadway in Lawrence on Oct. 13, 2000. The defendant, who was in the course of his employment...

Verdicts & Settlements February 7, 2005: Delivery of twins results in brain injury for one.
February 7, 2005... Byline: Massachusetts Lawyers Weekly Staff $2.9 Million Settlement This case involved the delivery of twin boys at 35 weeks. Twin A was born with profound brain injuries; twin B was born without any injury. The defendants were the...

Verdicts & Settlements February 7, 2005: Child abuse alleged at Hudson day care center.
February 7, 2005... Byline: Massachusetts Lawyers Weekly Staff $420,000 Settlement Three plaintiff families each had a child enrolled in the defendant day care center in Hudson. There were allegedly repeated instances of child abuse and neglect at the day...

Verdicts & Settlements February 7, 2005: Infant diagnosed with cerebral palsy after delivery.
February 7, 2005... Byline: Massachusetts Lawyers Weekly Staff $4 Million Settlement Prior to her labor and delivery, the plaintiff mother was having a normal pregnancy, including normal ultrasounds and a normal biophysical profile that resulted in a...

Verdicts & Settlements February 7, 2005: Man dies after routine pacemaker procedure.
February 7, 2005... Byline: Massachusetts Lawyers Weekly Staff $2.27 Million Verdict The plaintiff's decedent was a 71-year-old married male who had been living with a pacemaker for 13 years. In April 1998 he underwent a routine pacemaker generator...

Verdicts & Settlements February 7, 2005: Woman claims stress at work led to pre-term birth of baby.
February 7, 2005... Byline: Massachusetts Lawyers Weekly Staff Defense Verdict The 34-year-old plaintiff mother was expecting her third child. She was 17 weeks pregnant at the time of the alleged wrongful conduct. While employed at one of the...

Massachusetts Lawyers in the News: February 7, 2005.
February 7, 2005... Byline: Massachusetts Lawyers Weekly Staff NewsMakers New Associations Christopher T. Meier has joined Mirick O'Connell in Worcester, where he will focus on business and commercial litigation and the prosecution and defense of...

Supreme Judicial Court Disbarment /Suspension Notices: Feb. 7, 2005.
February 7, 2005... Byline: Massachusetts Lawyers Weekly Staff SJC No. BD02003-070 IN RE: SAUL C. COHEN Last known address: 3334 Clarks Lane - Apt. D Baltimore, MD 21215 Order of Contempt and Order Appointing Commissioner entered by Cowin, J., on Jan....

U.S. District Court says state can't curb banks on sale of insurance.
February 7, 2005... Byline: John O. Cunningham State officials cannot use Massachusetts banking laws to limit the way in which federally chartered banks sell insurance to their customers, a U.S. District Court judge has ruled. In response to a challenge...

Superior Court judge says homeowners get legal fees after insurance denial.
February 7, 2005... Byline: Jason M. Scally Homeowners who lost personal property in a fire should be able to recover attorney's fees from an insurance company that failed to indemnify them for their loss, a Superior Court judge has ruled. The insurance...

Superior Court judge hits brokers with temporary restraining order for taking clients to new job.(insurance brokers)
February 7, 2005... Byline: Tony Wright A group of insurance brokers who left their old firm to start a competing company should be temporarily barred from soliciting clients from their former employer, a Superior Court judge has ruled. The defendant...

Commentary: Boston's John Adams Courthouse: New and improved.
February 7, 2005... Byline: Massachusetts Lawyers Weekly Staff Like a luxury hotel opening to the public for the first time, Boston's John Adams Courthouse is opening its doors for business, capping many years of gutting and renovating the state's largest and...

Commentary: Possession is not nine-tenths of your ethical obligations.
February 7, 2005... Byline: Dorothy Anderson If you have just received a check representing funds due to your client from a transactional matter or for the resolution of a dispute that did not involve litigation, may you take your fee out of those funds? ...

Marianne Hinkle confirmed for District Court slot.(Marianne C. Hinkle )(Brief Article)
February 7, 2005... Byline: Massachusetts Lawyers Weekly Staff The Governor's Council last week confirmed longtime state and federal prosecutor Marianne C. Hinkle to a Dedham District Court judgeship. Hinkle has worked in the U.S. Attorney's Office since...

Judicial Nominating Commission accepting applications.
February 7, 2005... Byline: Massachusetts Lawyers Weekly Staff The Judicial Nominating Commission is currently accepting applications for the following positions: * District Court Gardner District Court, immediate opening encouraged to apply for...

Massachusetts AG may drop $150M suit against Big Dig.(Attorney General )(Thomas F. Reilly)(Brief Article)
February 7, 2005... Byline: Massachusetts Lawyers Weekly Staff Attorney General Thomas F. Reilly, who recently took control of efforts to recoup money lost to shoddy construction and mismanagement of the Big Dig, said he may drop a $150 million...

1st U.S. Circuit Court Of Appeals Case Summaries: February 7, 2005.
February 7, 2005... Byline: Massachusetts Lawyers Weekly Staff Employment Political Discrimination - Puerto Rico Where two plaintiffs filed suit alleging that they were fired by the defendant Puerto Rico Tourism Company on the basis of their...

Supreme Judicial Court Case Summaries: February 7, 2005.
February 7, 2005... Byline: Massachusetts Lawyers Weekly Staff Civil Rights Wheelchair - Racquetball League Where a plaintiff wheelchair racquetball player alleges that a fitness club committed handicap discrimination by not permitting him to receive...

Land Court Case Summaries: February 7, 2005.
February 7, 2005... Byline: Massachusetts Lawyers Weekly Staff Real Property Easement - No Notation Of Encumbrance Where a plaintiff electric company alleges that a defendant is bound by an easement (for the installation of electric transmission...

District Court/Boston Municipal Court Trial Division Case Summaries: February 7, 2005.
February 7, 2005... Byline: Massachusetts Lawyers Weekly Staff Search And Seizure Motor Vehicle Stop - Constitutional Defects Where a defendant, who was arrested for alleged drunk driving, has filed a suppression motion, I find that the motion must be...

Housing Court Case Summaries: February 7, 2005.
February 7, 2005... Byline: Massachusetts Lawyers Weekly Staff Landlord And Tenant Housing Authority - Danger To Other Tenants Where a housing authority has refused to restore occupancy rights to a tenant, that decision should be upheld based on the...

Department Of Industrial Accidents Case Summaries: February 7, 2005.
February 7, 2005... Byline: Massachusetts Lawyers Weekly Staff Workers' Compensation Causation - Pre- Existing Condition Where an employee injured in a fall at work was awarded workers' compensation benefits, the award should be affirmed because the...

Commentary: Vigilance urged in fight against Big Tobacco.
February 14, 2005... Byline: Massachusetts Lawyers Weekly Staff To the Editor: I am astounded yet again by Big Tobacco's ability to leverage its Washington friendships and political capital to profit by systematically deceiving consumers, endangering lives...

Commentary: Mass. Bar Assn. initiative not about 'appealing to the public'.
February 14, 2005... Byline: Massachusetts Lawyers Weekly Staff To the Editor: The Massachusetts Bar Association welcomes any publicity concerning its Web-based judicial performance evaluation initiative (jpei), http://www.massbar.org/jeval/, and thanks...

Commentary: Letter to the Editor: Court invites comments on ABA insurance disclosure rule.
February 14, 2005... Byline: Massachusetts Lawyers Weekly Staff February 1, 2005 To the Editor: The Justices of the Supreme Judicial Court invite comment on the attached American Bar Association (ABA) Model Court Rule on Insurance Disclosure. Last...

Arlington mediator becomes client in personal injury suit.
February 14, 2005... Byline: Massachusetts Lawyers Weekly Staff What's it like for a mediator to become the victim in a personal injury case that goes to mediation? Just ask Ericka B. Gray. "I couldn't believe what was happening it was like having an...

Northeastern Univ. School of Law professor co-authors boom on human rights and globalization.
February 14, 2005... Byline: Massachusetts Lawyers Weekly Staff When Northeastern University School of Law's Hope Lewis teamed up with a fellow professor from the University of New Orleans, Jeanne M. Woods, to co-author a case book on human rights and...

Interview with James C. King, co-founder of Boston law firm Hanify & King.(Interview)
February 14, 2005... Byline: Massachusetts Lawyers Weekly Staff James C. King, co-founder of the Boston law firm Hanify & King, is currently representing two clients with interesting, but very different, legal needs: Green Earth Industries, an environmental...

Mass. Dept. of Corrections receives second citation for unlawful retaliation.(Ricky Strothers)
February 14, 2005... Byline: Massachusetts Lawyers Weekly Staff The term "repeat offender" may be taking on new significance. The state Department of Corrections was recently cited a second time by the Massachusetts Commission Against Discrimination for...

Commentary: Revisiting S corps and the 'tax affecting' conundrum.
February 14, 2005... Byline: Mark Leicester It would not be an exaggeration to say that the "hot topic" in business valuation for the year 2004 was tax affecting S corporations and similar pass-throughs. The topic has been debated and discussed in seminars,...

Supreme Judicial Court Disbarment/Suspension Notices; February 14, 2005.
February 14, 2005... Byline: Massachusetts Lawyers Weekly Staff Supreme Judicial Court No. 2004-103BD IN RE: BERNARD G. SYKES III Last known address: 490 Main Street Harwichport, MA 02646 S.J.C. Order of Term Suspension entered by Justice Spina on...

Verdicts & Settlements Feb. 14, 2005: Woman develops gestational diabetes, delivers stillborn baby.
February 14, 2005... Byline: Massachusetts Lawyers Weekly Staff $400,000 Settlement In 1998, the plaintiff, then 36 years old, became pregnant with her first child due on July 18, 1999. During her pre-natal care with the defendant doctor, the plaintiff...

Verdicts & Settlements February 14, 2005: Order to shut down Logan Airport costs millions in revenue.
February 14, 2005... Byline: Massachusetts Lawyers Weekly Staff $1 Million Settlement On Sept. 11, 2001, at approximately 9:45 a.m., the FAA ordered the Massachusetts Port Authority to evacuate Logan Airport and cease operations immediately. Logan Airport...

Verdicts & Settlements February 14, 2005: Truck rear-ends Toyota Camry parked at curb.
February 14, 2005... Byline: Massachusetts Lawyers Weekly Staff Defense Verdict This case arose out of a rear-end motor vehicle accident that occurred on Jan. 14, 1999, on Main Street in Woburn. The first plaintiff was the driver of a Toyota Camry and the...

Verdicts & Settlements February 14, 2005: Patient who overdosed dies after leaving hospital grounds.
February 14, 2005... Byline: Massachusetts Lawyers Weekly Staff $475,000 Settlement This case involved a 37-year-old woman who was brought to the defendant hospital by ambulance after she had taken a reported 20 Darvon and 12 Vicodin. While at the...

Verdicts & Settlements February 14, 2005: UPS driver's hand crushed by lifting device.
February 14, 2005... Byline: Massachusetts Lawyers Weekly Staff $1.2 Million Verdict On Jan. 3, 2002, the 34-year-old plaintiff UPS truck driver arrived at the defendant rail yard and was told the train car number and the direction he was to face his...

Verdicts & Settlements February 14, 2005: Unsolicited fax advertisements spur lawsuit.
February 14, 2005... Byline: Massachusetts Lawyers Weekly Staff $7,500 Settlement The plaintiff alleged transmission of four unsolicited facsimile advertisements to his home in connection with marketing seminars to be conducted by the defendant in...

Massachusetts Lawyers in the News: February 14, 2005.
February 14, 2005... Byline: Massachusetts Lawyers Weekly Staff NewsMakers New Associations Adam P. Forman, former chairman of Testa, Hurwitz & Thibeault's labor and employment group, has joined the Boston office of Littler Mendelson as a senior...

District Court/Boston Municipal Court Appellate Division Case Summaries: Feb. 14, 2005.
February 14, 2005... Byline: Massachusetts Lawyers Weekly Staff Arbitration Dismissal - Inaction Where defendant moved to dismiss the plaintiff's complaint on the basis of an arbitration provision in the parties' construction contract, an order...

Hospital can't limit discrimination award, Supreme Judicial Court rules.
February 14, 2005... Byline: Tony Wright A hospital found liable for discriminating against one of its physicians could not limit the damage award, even though it qualifies as a charity under the state's charitable immunity statute, the Supreme Judicial Court...

1st Circuit Bankruptcy Appellate Panel says debtor will lose homestead after deed transferred.
February 14, 2005... Byline: John O. Cunningham A debtor who filed a homestead declaration on jointly owned property could not claim a homestead exemption in bankruptcy where he failed to re-file the declaration after the property was transferred to him as...

Building owner may avoid lien sought by subcontractor, Superior Court judge rules.
February 14, 2005... Byline: Jason M. Scally A subcontractor could not attach a mechanic's lien against the owner of commercial property where the tenant was the one who had contracted for the building's improvements, a Superior Court judge has ruled. The...

Will laid-off workers need more proof for bias claims, due to Supreme Judicial Court decision?
February 14, 2005... Byline: John Cunningham The Supreme Judicial Court is currently reviewing a case that could determine whether laid-off employees will face a higher standard of proof in making out a prima facie case of discrimination against their former...

Commentary: After the fall of long-time Boston law firm, Testa, Hurwitz & Thibeault.
February 14, 2005... Byline: Massachusetts Lawyers Weekly Staff The demise of the Boston law firm of Testa, Hurwitz & Thibeault can hardly be described as a surprise. For weeks, in fact, signs of the firm's "poor health" were evident as partners left, one...

Commentary: Recent efforts to expand reach of workplace defamation claims.
February 14, 2005... Byline: Lisa Cooney Lawsuits alleging defamation by an employee's current or former employer are on the rise. These claims often supplement wrongful termination or discrimination actions, but can exist independently as well. This...

Commentary: The importance of keeping mediators' statements confidential.
February 14, 2005... Byline: Eric D. Green, et. al. Lawyers, judges, mediators and parties should be concerned over one aspect of the decision in a recent bad-faith settlement case, Massachusetts Port Authority v. Employers Insurance of Wausau (Lawyers Weekly...

Gov. Mitt Romney signs four bills into law.
February 14, 2005... 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. 1. An act establishing a sick leave bank for Vanessa...

W. Springfield lawyer OK'd for Industrial Accident Board slot.(Brief Article)
February 14, 2005... Byline: Massachusetts Lawyers Weekly Staff The Governor's Council voted 8-0 last week to confirm Catherine Watson Koziol of West Springfield for a six-year term as an administrative judge on the Industrial Accident Board. Koziol has...

Gov. Romney defends judicial pick process.(Mitt Romney)
February 14, 2005... Byline: Massachusetts Lawyers Weekly Staff Gov. Mitt Romney last week confronted critics on the eight-member council that reviews his judicial nominees, acknowledging there is room for expanded candidate recruitment but defending the...

Massachusetts lawmakers consider bill to expand military bases.(Brief Article)
February 14, 2005... Byline: Massachusetts Lawyers Weekly Staff Lawmakers appear ready to take swift action on the first major piece of legislation of the new session a $261 million plan to expand and renovate two of the state's largest military bases. ...

Massachusetts lawmakers consider raise for legislative aides.
February 14, 2005... Byline: Massachusetts Lawyers Weekly Staff Pay raises for elected officials have been a focal point of conversation and legislation on Beacon Hill recently. All 200 lawmakers received a 4.1 percent boost in their base salary Jan. 1,...

1st U.S. Circuit Court of Appeals Case Summaries: February 14, 2005.
February 14, 2005... Byline: Massachusetts Lawyers Weekly Staff Administrative Medicare - Exclusive Remedy Where a defendant hospital asserts that there is no federal subject matter jurisdiction for the United States' common-law claims seeking...

U.S. District Court Case Summaries: February 14, 2005.
February 14, 2005... Byline: Massachusetts Lawyers Weekly Staff Parent And Child Mother's Request - Return Of Children Where a divorced mother living in Northern Ireland asserts (1) that the children's father has improperly refused to return them to...

U.S. Bankruptcy Appellate Panel Case Summaries: February 14, 2005.
February 14, 2005... Byline: Massachusetts Lawyers Weekly Staff Bankruptcy Foreclosure - Automatic Stay Where (1) a lender conducted a foreclosure sale of the debtors' property following a dismissal of the debtors' Chapter 13 case and (2) the...

U.S. Magistrate Judges Case Summaries: February 14, 2005.
February 14, 2005... Byline: Massachusetts Lawyers Weekly Staff Civil Practice Motion To Compel Discovery And Appoint Expert Where a plaintiff (1) has moved to compel discovery and appoint a neutral expert in computer forensics and (2) has done so in...

Supreme Judicial Court Case Summaries: February 14, 2005.
February 14, 2005... Byline: Massachusetts Lawyers Weekly Staff Employment G.L.c. 151B - Retaliation - Charitable Immunity - Hospital Where a defendant hospital was found by a jury to have violated G.L.c. 151B by retaliating against a plaintiff...

Appeals Court Case Summaries: February 14, 2005.
February 14, 2005... Byline: Massachusetts Lawyers Weekly Staff Appeals Judgments Affirmed The Appeals Court has affirmed, pursuant to Rule 1:28, judgments in the following cases. Commonwealth v. Harris (Lawyers Weekly No. 81-069-05) (3 pages)...

Land Court Case Summaries: February 14, 2005.
February 14, 2005... Byline: Massachusetts Lawyers Weekly Staff Real Property Restrictive Covenants - 'Common Scheme' Where a dispute has arisen over the provisions of a certain declaration of restrictive covenants, I find that the subject declaration...

District Court/Boston Municipal Court Trial Division Case Summaries: February 14, 2005.
February 14, 2005... Byline: Massachusetts Lawyers Weekly Staff Search And Seizure Preliminary Questioning - Admission Of Marijuana Use Where a criminal defendant has moved to suppress certain statements and physical evidence, I hold that the motion...

Massachusetts Commission Against Discrimination Case Summaries: February 14, 2005.
February 14, 2005... Byline: Massachusetts Lawyers Weekly Staff Employment Retaliation Where evidence indicates that the respondent Department of Correction retaliated against a correction officer because he filed a race discrimination complaint, the...

Department of Industrial Accidents Case Summaries: February 14, 2005.
February 14, 2005... Byline: Massachusetts Lawyers Weekly Staff Workers' Compensation Recoupment - Attorney's Fees Where an employee's counsel successfully defended against a self-insurer's recoupment complaint, such counsel was entitled to an award...

Commentary: Supreme Judicial Court: That's The Way The Ball Bounces.
February 21, 2005... Byline: David Yas Last week the Supreme Judicial Court came down with its decision in Hancock, an important ruling in education reform for the state. Within hours, we had educators, activists, lawyers and politicians analyzing the ruling...

District Court/Boston Municipal Court Appellate Division: February 21, 2005.
February 21, 2005... Byline: Massachusetts Lawyers Weekly Staff Commercial Loan Repayment Where a judge found for the defendant in a loan repayment case, that judgment will be upheld because it was not contrary to the weight of the evidence. ...

Verdicts & Settlements February 21, 2005: Car involved in crash, then stolen; carrier not notified.
February 21, 2005... Byline: Massachusetts Lawyers Weekly Staff No Duty To Defend This matter arose out of an alleged two-vehicle accident on July 11, 2002 in Mattapan. The plaintiff underwrote a policy of insurance that was owned by the defendant and...

Verdicts & Settlements February 21, 2005: Surgery leaves woman with neurological injury.
February 21, 2005... Byline: Massachusetts Lawyers Weekly Staff $1.75 Million Settlement In April 1997, the plaintiff was a 44-year-old woman who underwent elective surgery to remove a herniated disc from her cervical spine. Within one day of the...

Verdicts & Settlements February 21, 2005: Patient suffers nerve damage after getting injection.
February 21, 2005... Byline: Massachusetts Lawyers Weekly Staff $200,000 Settlement The 43-year-old plaintiff contended that the defendant diagnostic radiologist provided negligent medical care when injecting Benadryl intramuscularly prior to an...

Verdicts & Settlements February 21, 2005: Fetal heart rate increases, but c-section not performed.
February 21, 2005... Byline: Massachusetts Lawyers Weekly Staff $1 Million Settlement In the fall of 1997, the minor plaintiff's mother began seeing the defendant obstetrician for prenatal care. The medical records indicate that the prenatal course was...

Verdicts & Settlements February 21, 2005: Patient has stroke after cancer drug prescribed.
February 21, 2005... Byline: Massachusetts Lawyers Weekly Staff $2 Million Verdict The plaintiff was diagnosed with breast cancer at age 47. After undergoing a lumpectomy, the plaintiff's care was transferred to the Hudner Ocology Center of the Saint...

Verdicts & Settlements February 21, 2005: Worker crushed by crane at Boston Big Dig site.
February 21, 2005... Byline: Massachusetts Lawyers Weekly Staff $1 Million Settlement The plaintiff's decedent, a 55-year-old man, was crushed by the rotating superstructure of a Crawler Crane on March 24, 2003, while working on the D Street subcontract in...

MA Lawyers in the News: February 21, 2005.
February 21, 2005... Byline: Massachusetts Lawyers Weekly Staff NewsMakers Promotions Donna L. Wexler of the Springfield office of Bacon & Wilson has been named partner. Wexler focuses her practice on commercial and residential closings, domestic...

MA Superior Court rules minor may sue church for fiduciary breach.(Massachusetts)
February 21, 2005... Byline: Lisa K. Bruno A Jehovah's Witness church could be sued for breaching its fiduciary duty to a minor who claimed she was sexually molested by one of the church's ministerial servants during Bible study sessions, a Superior Court...

MA Superior Court judge rules seller not required to sign title affidavit.(Teague, et al. v Bisceglia)
February 21, 2005... Byline: John O. Cunningham A seller of residential property could not be forced to execute a title affidavit at a real-estate closing that would have indemnified the buyers against title defects, a Superior Court judge has ruled. The...

Bar leaders support MA governor's vow for diversity on bench.(Massachusetts)(Mitt Romney)
February 21, 2005... Byline: John Cunningham Amidst criticism over the lack of women and minority judicial appointments, bar leaders tell Lawyers Weekly that they support recent promises by Gov. Mitt Romney's administration to make active recruitment of a...

MA Department of Environmental Protection regulations and citizen standing.
February 21, 2005... Byline: Massachusetts Lawyers Weekly Staff Citizen standing in environmental cases has a long history in Massachusetts. Decades ago, a citizen suit brought by the Conservation Law Foundation resulted in the Boston harbor cleanup. In 1971,...

Commentary: Letter to the Editor: 'Alphabet discrimination' driving judicial choices.(Letter to the Editor)
February 21, 2005... Byline: Massachusetts Lawyers Weekly Staff To the Editor: The recent focus on the disproportionate choice of male prosecutors for judicial appointments misses the mark. It is an attempt by those in power to mask an even more invidious...