Massachusetts Lawyers Weekly articles from February 2006

Massachusetts Lawyers Weekly archives from February 2006

MA Supreme Judicial Court rules fired doctor cannot get privileged peer review info.(Francisco S. Pardo)
February 6, 2006... Byline: Tony Wright A doctor who lost his job was not entitled to privileged documents generated during a medical peer review process even where he claimed his firing was done in bad faith after he told his superiors he was gay, the...

MA Appeals Court rules carrier has no duty to defend ladder-fall injury on property.
February 6, 2006... Byline: Barbara Rabinovitz An insurance company did not have to defend or indemnify a homeowner against a claim brought by a man who was injured after falling off a ladder while cutting down a tree on the homeowner's property, the Appeals...

Commentary: Happy birthday! Here's your bland cake and lousy card.
February 6, 2006... Byline: David Yas Tomorrow is my mom's birthday. Yes, the amazing attorney Susan Yas turns 39 on Tuesday (well, she still looks 39). And then the following day is my dad's birthday (cheers to you, too, Pops). All of this has relatively...

MA Superior Court judge rules lawyer must pay 93A damages despite no malpractice finding.(Chapter 93A)
February 6, 2006... Byline: Ariana L. Johnson A plaintiff's lawyer must pay treble damages to his client after stipulating to the dismissal of her medical-malpractice claim without her consent even after a jury found that there was no legal malpractice, a...

MA attorney Marnie Levill sings back-up for rock band Hormone Replacement Therapy.(Marni Smilow Levitt)(Brief Article)
February 6, 2006... Byline: Massachusetts Lawyers Weekly Staff Lawyer by day, rock 'n roll mamma by night. That's one way to describe Marni Smilow Levitt, director of legal services and general counsel at the Caritas Good Samaritan Medical Center in...

MA Superior Court Judge Margot Botsford to retire after 16 years on the bench.(Margot Botsford)
February 6, 2006... Byline: Massachusetts Lawyers Weekly Staff The Superior Court is about to receive some news it won't much like. Well-respected Judge Margot Botsford told Lawyers Weekly that she plans to retire after 16 years on the bench. Though she...

MA governor signs bills: February 6, 2006.(Massachusetts)(Brief Article)
February 6, 2006... Byline: Massachusetts Lawyers Weekly Staff 1. An act authorizing the late filing of a certain application for classification of land in the Town of Wendell. App. Jan. 12, eff. Feb. 11, 1 page. 2. An act authorizing the Commissioner of...

Commentary: The trouble behind a seatbelt law.
February 6, 2006... Byline: Massachusetts Lawyers Weekly Staff The state House of Representatives, by a narrow vote, recently passed a bill allowing police officers to stop vehicles if the occupants are not wearing seatbelts. Current laws provide that...

Commentary: Social Just Us? Why lawyers should jump on the corporate citizenship bandwagon.
February 6, 2006... Byline: Massachusetts Lawyers Weekly Staff The little boy was about 6 years old, clutching a paint brush as he "helped" with the lower portion of the paint job on the walls of the shelter where he lived with his mom. He looked up at...

Commentary: A look at Gibson guitars, GM replacement grilles and Weight Watchers points.(Gibson Guitar Corp.'s trademark infringement petition)
February 6, 2006... Byline: Massachusetts Lawyers Weekly Staff "Super," "the best," "the ultimate" and similar laudatory phrases are generally not protectable as trademarks. "The Greatest Bar" for a Boston bar near "the Garden" was thus rejected by the...

1st U.S. Circuit Court of Appeals Case Summaries: February 6, 2006.(employment and handicapped discrimination case)(Goodwin v. C.N.J., Inc)(immigration case)(Zeng v. Gonzales)(Patent and trademark infringement case)(Attrezzi, LLC v. Maytag Corporation)
February 6, 2006... Byline: Massachusetts Lawyers Weekly Staff Employment Handicap discrimination - Money damages - Title III of ADA Where (1) an employee brought a handicap discrimination suit against the defendant employer, (2) the defendant was...

MA Supreme Judicial Court Case Summaries: February 6, 2006.(employment and sexual discrimination case)(Pardo v. The General Hospital Corporation)(termination of parental rights case)(Massachusetts )
February 6, 2006... Byline: Massachusetts Lawyers Weekly Staff Employment Discrimination claim - Sexual orientation - Medical peer review privilege Where (1) a plaintiff sued his former employer, a defendant hospital, charging that it discriminated...

MA Appeals Court Case Summaries: February 6, 2006.(Massachusetts, cases of assault and battery, resisting arrest)
February 6, 2006... 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: iMarketing.
February 6, 2006... Byline: Tony Wright Just five years ago, if your firm didn't have a website you risked lagging behind your competitors as they sprinted to keep pace with the ever-changing, increasingly tech-savvy world around them. Nowadays, if you...

Verdicts & Settlements February 6, 2006: Elevator door closes on elderly woman.(negligence & tort case)
February 6, 2006... Byline: Massachusetts Lawyers Weekly Staff $140,000 settlement The 93-year-old plaintiff visited a local business for lunch with a friend in October 2002. As she was entering an elevator located on the premises, the elevator door...

MA Lawyers in the News: February 6, 2006.(Donald P. Ricklefs joins WolfBlock)(Jamie L. Wacks joins Donoghue, Barrett & Singal)(Jeffrey P. Grandchamp joins Grinnell, Dubendorf & Smith)(Massachusetts)
February 6, 2006... Byline: Massachusetts Lawyers Weekly Staff New associations Donald P. Ricklefs has joined the Boston office of WolfBlock as a partner in the corporate/securities practice group. Kevin G. Diamond has merged his practice with Shea &...

U.S. District Court Case Summaries: February 6, 2006.
February 6, 2006... Byline: Massachusetts Lawyers Weekly Staff Banks and banking Construction loan - Disbursement Where a plaintiff borrower alleges that the defendant lender wrongfully disbursed funds to a construction contractor, the complaint must...

MA Superior Court Case Summaries: February 6, 2006.(Massachusetts)(cases of severance pay, employee benefits, emotional distress)
February 6, 2006... Byline: Massachusetts Lawyers Weekly Staff Attorneys G.L.c. 93A - Emotional distress Where an attorney, without his client's consent, stipulated to the dismissal of the client's medical malpractice complaint, this amounted to a...

MA Land Court Case Summaries: February 6, 2006.(Massachusetts)
February 6, 2006... Byline: Massachusetts Lawyers Weekly Staff Real property Fiduciary duty - Resulting and constructive trusts Where two defendants obtained title to real property by means of fraud and breach of fiduciary duty, the defendants' title...

Company can't sue buyer based on agent's use of domain name.(CSX Transportation Inc., Recovery Express Inc.)
February 13, 2006... Byline: Tony Wright A company that sold railcars to a man purporting to be an agent of a buyer could not maintain a suit against the buyer under the doctrine of apparent authority, even where the man used the buyer's e-mail domain name to...

Meet the 'new' Suffolk Superior Court.
February 13, 2006... Byline: David E. Frank This is another in an ongoing series in which Lawyers Weekly after spending a day in one of the commonwealth's courthouses reports on the issues observed there. Not so long ago, a case in Suffolk Superior Court...

Gender-bias issue at Milton High hits home for lawyer.(Gerald T. Anglin, Milton High School)
February 13, 2006... Byline: Barbara Rabinovitz Little-noticed in all the media coverage of Boston attorney Gerald T. Anglin's complaint to a federal agency about perceived gender inequality at Milton High School, where his son Doug is a student, is the fact...

Attorney Robert M. Mardirosian admits to keeping stolen paintings for 30 years.(Massachusetts. Rules of Professional Conduct)(Brief Article)
February 13, 2006... Byline: Massachusetts Lawyers Weekly Staff The recent admission by attorney Robert M. Mardirosian that he held onto seven paintings allegedly stolen by a former client, masterpieces said to be worth millions of dollars, had professional...

Labor lawsuit against EMC Corp. probably wouldn't work for lawyers.
February 13, 2006... Byline: Massachusetts Lawyers Weekly Staff The demands of law-firm life have many attorneys, particularly young associates, feeling as if they have no choice but to log in long hours at work. And in the aftermath of a lawsuit filed by...

Verdicts & Settlements February 13, 2006: Patron falls on ice outside of store, breaks ankle.(Denish v. GPB Real Estate Holdings LLC)
February 13, 2006... Byline: Massachusetts Lawyers Weekly Staff $150,000 settlement At approximately 5:45 p.m. on Jan. 15, 2001, the 34-year-old plaintiff followed her two sons out the exterior front door of a video store in Everett onto a concrete...

Massachusetts Board of Bar Overseers Admonitions: February 13, 2006.
February 13, 2006... Byline: Massachusetts Lawyers Weekly Staff Supreme Judicial Court No. BD-2005-105 IN RE: JOHN KENNETH BUCK Last known address: 210 Washington Street\ Woburn, MA 01801 S.J.C. Order of Term Suspension entered by Justice Spina on...

Commentary: The future of real-estate closings - and IOLTA.(Interest on Laywers' Trust Accounts programs)
February 13, 2006... Byline: Massachusetts Lawyers Weekly Staff The Massachusetts Legal Assistance Corp. was created more than 20 years ago by the Legislature to provide funds for civil legal assistance to poor and low-income men, women and their families...

Commentary: Warrantless electronic surveillance under Foreign Intelligence Surveillance Act.
February 13, 2006... Byline: Christopher J. Hunter The Senate Judiciary Committee opened a hearing Feb. 6 inquiring into reports of electronic surveillance allegedly done in contravention of the Foreign Intelligence Surveillance Act (FISA), 50 U.S.C. sections...

U.S. Bankruptcy Appellate Panel Case Summaries: February 13, 2006.
February 13, 2006... Byline: Massachusetts Lawyers Weekly Staff Bankruptcy Appeal - Standing - Sale of assets Where appellants have challenged a bankruptcy court's order denying the Chapter 7 trustee's motion seeking authority to sell certain assets...

Supreme Judicial Court Case Summaries: February 13, 2006.(Commonwealth v. Pov Hour, Boston Police Patrolmen's Association, Inc. v. Police Department of Boston)
February 13, 2006... Byline: Massachusetts Lawyers Weekly Staff Criminal First-degree murder Where a defendant has appealed his first-degree murder conviction, we conclude that the appeal must fail because the trial judge (1) committed no reversible...

Vacancy on Hampden Juvenile Court has lawyers and judges miffed.
February 13, 2006... Byline: David E. Frank Judges and practitioners say that a nearly two-year-old judicial vacancy in Hampden Juvenile Court one of the busiest Juvenile courts in Massachusetts is preventing cases involving the well-being of children from...

Massachusetts Legal Briefs: February 13, 2006.(Fish and Richardson opens new office)(McDermott, Will and Emery promotes Doron F. Ezickson)(Pepe and Hazard L.L.P. gives donations)
February 13, 2006... Byline: Massachusetts Lawyers Weekly Staff Energized Doron F. Ezickson, managing partner of the 80-member Boston office of McDermott, Will & Emery and co-chairman of its 30-lawyer energy practice, is London-bound next month to expand...

Massachusetts Lawyers in the News: February 13, 2006.(Ruth A. Dillingham awarded)(Rachel M. Self and Courtney B. Harmon opened a new law firm)(Paul C. Laudano and Edwin C. Pease are named as partners in Brown, Rudnick, Berlack, Israels)(Brief Article)
February 13, 2006... Byline: Massachusetts Lawyers Weekly Staff New associations Rachel M. Self and Courtney B. Harmon have formed Self & Harmon in Boston. The firm specializes in immigration law, criminal defense and family law. Former U.S....

Verdicts & Settlements February 13, 2006: Man suffers facial scarring after numerous surgeries.
February 13, 2006... Byline: Massachusetts Lawyers Weekly Staff $800,000 settlement Multiple surgeries were performed on the plaintiff's face and scalp by the defendant, a prominent plastic surgeon, over a period of eight years. The plaintiff suffered...

Commentary: Petitioning for attorneys' fees in a contract dispute.
February 13, 2006... Byline: Roger T. Manwaring "I don't believe it," the lawyer told his colleague. "Remember I lost that case defending the video store against a collection action by the company that sold the store defective shelving? The rental company was...

1st U.S. Circuit Court of Appeals Case Summaries: February 13, 2006.
February 13, 2006... Byline: Massachusetts Lawyers Weekly Staff Agency and partnership Distributions - Jurisdiction Where three plaintiffs filed suit against numerous defendants in a case arising out of the plaintiffs' allegation that they were...

U.S. District Court Case Summaries: February 13, 2006.(CSX Transportation, Inc. v. Recovery Express, Inc.)
February 13, 2006... Byline: Massachusetts Lawyers Weekly Staff Contract Apparent authority - E-mail - Internet domain name Where a plaintiff seeks to hold a defendant company liable for a third party's non-payment for goods delivered by the plaintiff,...

U.S. Bankruptcy Court Case Summaries: February 13, 2006.
February 13, 2006... Byline: Massachusetts Lawyers Weekly Staff Bankruptcy Broker's fee - Stay Where a Chapter 7 debtor's ex-wife seeks a stay of an order by the court approving the payment of a broker's commission when the sale of the couple's home...

U.S. Magistrate Judges Case Summaries: February 13, 2006.
February 13, 2006... Byline: Massachusetts Lawyers Weekly Staff Contract Breach allegation - Consultant Where a plaintiff consultant has sued a defendant prime contractor and codefendant subcontractor for breach of contract, complaining that the...

Superior Court Case Summaries: February 13, 2006.(Massachusetts. Tort Claims Act, Massachusetts. Wage and Hour Act)
February 13, 2006... Byline: Massachusetts Lawyers Weekly Staff Administrative Sex Offender Registry Board - Classification Where the defendant Sex Offender Registry Board has decided that a plaintiff must register as a level 2 sex offender, I hold...

District Court/BMC Appellate Division Case Summaries: February 13, 2006.(Brooks v. Connor, DeAndrade v. Schottenstein Bernstein Capital Group, Inc.)
February 13, 2006... Byline: Massachusetts Lawyers Weekly Staff Civil practice Dismissal - Untimely service - Waiver Where a plaintiff, who was involved in an altercation with employees of a store, filed a complaint against the defendant liquidating...

Land Court Case Summaries: February 13, 2006.(Allen, et al. v. Town of Dedham, et al)
February 13, 2006... Byline: Massachusetts Lawyers Weekly Staff Real property Easement Where a dispute has arisen regarding certain alleged easement rights, I find that a plaintiff has established that she possesses an easement to pass over a...

Appellate Tax Board Case Summaries: February 13, 2006.(4 Preston Court, LLC, et al. v. Board of Assessors of the Town of Bedford, Stagg Chevrolet, Inc. v. Board of Assessors of the Town of Harwich )
February 13, 2006... Byline: Massachusetts Lawyers Weekly Staff Taxation Real property - Office park Where the owners of two properties located in an office park in Bedford have challenged their 2002 and 2003 tax assessments, the request for an...

Labor Relations Commission Case Summaries: February 13, 2006.
February 13, 2006... Byline: Massachusetts Lawyers Weekly Staff Labor Representation petition Where a union seeks to represent a stand-alone unit of workers who (1) are paid from the University of Massachusetts' "03" payroll account, (2) receive no...

Massachusetts Commission Against Discrimination Case Summaries: February 13, 2006.(Sweet v. Massachusetts Bay Transportation Authority, DeRosa v. Woodridge Homes, Inc.)(Brief Article)
February 13, 2006... Byline: Massachusetts Lawyers Weekly Staff Appeals Petition for review Where, following entry of a judgment in favor of the respondent, the complainant filed a notice of appeal but did not file a timely petition for review, the...

Department of Industrial Accidents Case Summaries: February 13, 2006.
February 13, 2006... Byline: Massachusetts Lawyers Weekly Staff Workers' compensation Vocational findings - 'Physical limitations' testimony Where a workers' compensation insurance company has appealed an award to an employee of ongoing G.L.c. 152,...

Department of Environmental Protection Case Summaries: February 13, 2006.(Town of Hamilton)
February 13, 2006... Byline: Massachusetts Lawyers Weekly Staff Environmental Water withdrawal permits - Modifications Where water withdrawal permits have been challenged in this case, the permits should be affirmed subject to certain modifications....

Appeals Court Case Summaries: February 13, 2006.(J. Wray and Nephew Limited )
February 13, 2006... Byline: Massachusetts Lawyers Weekly Staff Administrative Sales of alcoholic beverages to wholesaler Where (1) the defendant Alcoholic Beverages Control Commission ruled that a plaintiff corporation was required by G.L.c. 138,...

Middlesex Superior Court Judge Julian T. Houston's first novel is published.("New Boy")(Brief Article)
February 20, 2006... Byline: Massachusetts Lawyers Weekly Staff With the recent release of his first novel, Superior Court Judge Julian T. Houston can add "published author" to his already distinguished resume. "New Boy," a 282-page account of a young boy...

Out-of-state dad found in contempt of support order by MA Supreme Judicial Court.(Uniform Interstate Family Support Act)
February 20, 2006... Byline: Jason M. Scally A divorced father who now resides out of state could be found in contempt for failing to pay child support, even where his ex-wife and children also moved out of state before returning to Massachusetts, the Supreme...

Attorney with Burlington-based law firm invited to attend Grammy Awards.(Gibson & Behman's Daniel P. Gibson)(Brief Article)
February 20, 2006... Byline: Massachusetts Lawyers Weekly Staff Jamie Foxx, Sting, Paula Abdul all names synonymous with the glitz and glamour of the music industry and the annual Grammy Awards. And for all those so-called couch potatoes who sat glued to...

MA bench, bar rally to side of judge before the Commission on Judicial Conduct.(Commission on Judicial Conduct)
February 20, 2006... Byline: Barbara Rabinovitz Citing the potential "chilling effect" on a judge's right to control a courtroom, the Massachusetts Judges Conference has taken the rare step of speaking out in the wake of a complaint filed at the Commission on...

MA Appeals Court rules suspended lawyer cannot get fees after settlement.(Louis Kerlinsky)
February 20, 2006... Byline: David E. Frank A lawyer suspended due to ethical misconduct on a client's personal injury case was not entitled to attorneys' fees for work performed for the same client on a separate employment law matter prior to his suspension,...

MA governor signs bills: February 20, 2006.
February 20, 2006... Byline: Massachusetts Lawyers Weekly Staff 19. An act designating Taj Mahal as the official blues artist of the commonwealth. App. Feb. 8, eff. May 9, 1 page. 20. An act authorizing the Town of Auburn to convey a certain parcel of...

Lawyer: Smart jury, user-friendly exhibits helped secure major verdict.(LoJack Corporation v. Clare, Inc.)
February 20, 2006... Byline: Barbara Rabinovitz After sitting through six days of trial testimony and viewing some 130 exhibits, a Norfolk Superior Court jury deliberated for less than five hours before awarding Westwood-based LoJack $36.7 million in damages...

Former Assistant Attorney General John Jefferson Roche dies at 72.(Brief Article)(Obituary)
February 20, 2006... Byline: Massachusetts Lawyers Weekly Staff John Jefferson Roche, a former assistant attorney general, died Feb. 3 at his home in Cambridge. He was 72. Roche graduated from Brown University in 1957 and received his law degree from...

Notices from the Courts: February 20, 2006.
February 20, 2006... Byline: Massachusetts Lawyers Weekly Staff 1st Circuit invites comments on reappointment of U.S. Bankruptcy Court judge FULL PUBLIC NOTICE FOR THE REAPPOINTMENT OF A BANKRUPTCY JUDGE The current term of office of Joan N. Feeney,...

Commentary: Battling procrastination with mental toughness training.
February 20, 2006... Byline: Pamela Enders Gina was in trouble. She had a huge brief to write, which was due in two days, and she hadn't even started. Then there were the e-mails she had not yet responded to plus numerous phone calls. She had, however,...

Commentary: In court, the waiting is the hardest part.
February 20, 2006... Byline: Massachusetts Lawyers Weekly Staff In the business world, time is precious. So devices like e-mail, Blackberries, videoconferencing and wireless access to phones and computers are natural inventions of an industry that thrives on...

Commentary: Rule shared by Appeals Court, 9th Circuit makes no sense.
February 20, 2006... Byline: Richard L. Neumeier The Appeals Court announced its no-citation-of-its-unpublished-opinions rule, without prior notice to the bar, in Lyons v. Labor Relations Commn., 19 Mass. App. Ct. 562, 566, (1985) S.C. 397 Mass. 498 (1986) (...

MA Lawyers in the News: February 20, 2006.(Massachusetts)(Donahue and Grolman appoints Tony Wright)(Choate, Hall and Stewart appoints Karen Faulds Copenhaver, Davis, Malm and D'Agostine P.C. promotes Amy L. Fracassini )
February 20, 2006... Byline: Massachusetts Lawyers Weekly Staff New associations Tony Wright has joined Donahue & Grolman in Boston's South End as an associate. Wright handles transactional and litigation matters. Prior to joining the firm, Wright was a...

1st U.S. Circuit Court of Appeals Case Summaries: February 20, 2006.(Massachusetts Unfair Trade Practices Act, Clean Water Act of 1977)
February 20, 2006... Byline: Massachusetts Lawyers Weekly Staff Civil practice Sanctions - Motion for relief from judgment Where a plaintiff was sanctioned for filing a frivolous motion for relief from a judgment in favor of the defendant, the...

MA Supreme Judicial Court Case Summaries: February 20, 2006.
February 20, 2006... Byline: Massachusetts Lawyers Weekly Staff Appeals G.L.c. 211, Sect. 3 petition - Criminal complaint Where a defendant filed a G.L.c. 211, Sect. 3 petition after his motion to dismiss a criminal complaint was denied, a single...

MA Appeals Court Case Summaries: February 20, 2006.
February 20, 2006... 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...

Chief U.S. Magistrate Judge Charles Brown Swartwood III to return to private practice.(Biography)
February 20, 2006... Byline: Jeanne Greeley Swartwood is a sliver on the map of upstate New York, nestled in Chemung County, clinging to the western edge of a town called Van Etten. Scarcely populated and bearing the scars of poverty of its nearby Appalachia...

Verdicts & Settlements February 20, 2006: Tenant falls down stairs; blames missing handrail.(DiCarlo v. Burgmaster)
February 20, 2006... Byline: Massachusetts Lawyers Weekly Staff $40,000 verdict The plaintiff, a 30-year-old plastic manufacturing technician, was injured at his apartment when an exterior staircase nosing tread snapped off, causing the plaintiff to fall...

Verdicts & Settlements February 20, 2006: Patient dies of rectal cancer.
February 20, 2006... Byline: Massachusetts Lawyers Weekly Staff $750,000 settlement On Feb. 6, 1997, the plaintiff's decedent presented to his primary care physician, the defendant, with a complaint of rectal bleeding. He had been examined the week before...

Verdicts & Settlements February 20, 2006: Carrier is successful in counterclaim for fraud.(T. Ortiz and M. Sanchez v. Premier Ins. Co. v. M. Sanchez)(Brief Article)
February 20, 2006... Byline: Massachusetts Lawyers Weekly Staff $5,173 judgment The plaintiff filed a PIP suit against the defendant alleging breach of contract and seeking payment of medical bills and attorneys' fees under G.L.c. 90. The defendant...

U.S. District Court Case Summaries: February 20, 2006.
February 20, 2006... Byline: Massachusetts Lawyers Weekly Staff Administrative Federal preemption - Derailment Where defendants have moved to dismiss a plaintiff's state-law claims on the ground that such claims are preempted by 49 U.S.C. Sect....

MA Superior Court Case Summaries: February 20, 2006.
February 20, 2006... Byline: Massachusetts Lawyers Weekly Staff Civil practice Motion to compel Where the defendant in a zoning case has moved to compel a plaintiff citizens' group to disclose the identity of its members, I hold that the defendant's...

Thirty percent of law school graduates applying for MA bar exam are from out-of-state schools.(Massachusetts)
February 27, 2006... Byline: Barbara Rabinovitz As the world turns ever more quickly toward globalization, the impact of those falling borders is being felt in a small suite of downtown offices where the Massachusetts Board of Bar Examiners hangs its shingle....

Company hit with treble damages for frivolous noncompete suit by MA Superior Court.(Massachusetts)(disclosure of information and noncompete agreements case)(Brooks Automation, Inc. v. Blueshift Technologies)
February 27, 2006... Byline: Jason M. Scally A company can be hit with treble damages under Chapter 93A for filing a frivolous complaint for breach of a noncompete agreement against a former employee, even where the ex-employee had been preparing to form a...

Can time standards cure transcript delays?
February 27, 2006... Byline: Barbara Rabinovitz As court reporters struggle to deliver trial transcripts in a timely manner, a group of judges and attorneys is considering the promulgation of time standards, or some other form of deadlines, to expedite the...

District Court/BMC Appellate Division Case Summaries: February 27, 2006.(personal jurisdiction case)(Kolberg v. Channell)(Traffic accident and negligence case)(Rivera, et al. v. Tondreau)
February 27, 2006... Byline: Massachusetts Lawyers Weekly Staff Jurisdiction Personal - Internet sale Where a Massachusetts plaintiff filed suit against a West Virginia defendant in connection with the plaintiff's purchase of a vehicle through an...

Appellate Tax Board Case Summaries: February 24, 2006.(tax abatement petition)(Brief Article)
February 27, 2006... Byline: Massachusetts Lawyers Weekly Staff Taxation Abatement applications - Timeliness Where trust beneficiaries have appealed the Commissioner of Revenue's denial of their applications for fiduciary income tax abatements, the...

Boston attorney appointed public counsel for accused murderer Neil Entwistle.(Elliot M. Weinstein )
February 27, 2006... Byline: Massachusetts Lawyers Weekly Staff When Boston criminal defense attorney Elliot M. Weinstein was rocketed to international media fame earlier this month as appointed public counsel for accused murderer Neil Entwistle, one had to...

MA attorneys James and Lisa Masteralexis plays ball!(Massachusetts)
February 27, 2006... Byline: Massachusetts Lawyers Weekly Staff The five-month period between the end of one Major League Baseball season and the start of another is traditionally considered the busiest time of year for player agents. Known as the "hot-stove"...

Commentary: Who owns your blog: IP issues to consider.(intellectual property)
February 27, 2006... Byline: John E. Ottaviani Your new client calls with a question. She has heard about other business owners who are operating "blogs" and wants to start one for her business. She asks whether there are any legal issues regarding her...

Amicus briefs sought by MA Supreme Judicial Court.(Public Notice)
February 27, 2006... 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 MATTER PENDING BEFORE...

U.S. Supreme Court Case Summaries: February 27, 2006.(Brief Article)
February 27, 2006... Byline: Massachusetts Lawyers Weekly Staff Arbitration Validity of contract When the validity of an entire contract is challenged, and not simply an arbitration clause contained in it, that issue must be decided by an arbitrator....

1st U.S. Circuit Court of Appeals Case Summaries: February 27, 2006.(Habeas corpus case)(Lynch v. Ficco)(Employment and disability discrimination)(Quiles-Quiles v. Henderson)(Civil rights case)(Torromeo, et al. v. Town of Fremont, New Hampshire )
February 27, 2006... Byline: Massachusetts Lawyers Weekly Staff Civil rights Landowners - Res judicata Where a judge dismissed a claim that the defendant town violated the plaintiff landowners' 5th Amendment rights by delaying the issuance of building...

U.S. Bankruptcy Court Case Summaries: February 27, 2006.(Charles River Press Lithography, Inc)(Brief Article)
February 27, 2006... Byline: Massachusetts Lawyers Weekly Staff Bankruptcy Insurance proceeds Where a Chapter 7 Trustee for a bankrupt corporation has filed a complaint claiming that the net cash surrender proceeds of a life insurance policy are the...

Supreme Judicial Court Case Summaries: February 27, 2006.(Home confinement case)(Commonwealth v. Morasse)(Medical malpractice case)(Palandjian, et al. v. Foster )
February 27, 2006... Byline: Massachusetts Lawyers Weekly Staff Criminal Sentencing - Credit - Home confinement Where a defendant, having pled guilty, sought to have his sentence offset by time he spent in home confinement prior to trial, that request...

Appeals Court Case Summaries: February 27, 2006.
February 27, 2006... 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...