Massachusetts Lawyers Weekly articles from January 2002

Massachusetts Lawyers Weekly archives from January 2002

Mass.Supreme Judicial Court Case Summaries: January 7, 2002.
January 7, 2002... Byline: Massachusetts Lawyers Weekly Staff Criminal Sexually Dangerous Person - Commitment - Statutory Deadlines Where a defendant has been committed as a sexually dangerous person for over a year following the expiration of his...

Mass. Superior Courts Case Summaries: January 7, 2002.
January 7, 2002... Byline: Massachusetts Lawyers Weekly Staff Administrative MCAS Test Results - Newspaper Access Where a plaintiff newspaper publisher filed suit against the defendant Massachusetts Department of Education seeking production of the...

U.S. Court of Appeals 1st Circuit Case Summaries: January 7, 2002.
January 7, 2002... Byline: Massachusetts Lawyers Weekly Staff Appeals Dismissal - Fugitive Disentitlement Doctrine Where defendants have appealed a number of court orders, the appeals must be dismissed because the defendants have fled the...

U.S. District Court Case Summaries: January 7, 2002.
January 7, 2002... Byline: Massachusetts Lawyers Weekly Staff Civil Practice Motion For Order Of Foreclosure By Sale Where the Internal Revenue Service has moved for an order of foreclosure by sale, I find, on the facts presented, that this court...

Verdicts & Settlements January 7, 2002: Medical Malpractice.
January 7, 2002... Byline: Massachusetts Lawyers Weekly Staff Injuries alleged: Delayed treatment of malignant melanoma, loss of chance of cure Name of case: Withheld Court/case #: Withheld Tried before judge or jury: N/A...

Verdicts & Settlements January 7, 2002: Unnecessary hysterectomy.
January 7, 2002... Byline: Massachusetts Lawyers Weekly Staff Injuries alleged: Loss of fetus, infertility Name of case: Withheld Court/case #: Withheld Tried before judge or jury: N/A (settled after mediation) Name of...

Verdicts & Settlements January 7, 2002: Failure to diagnose ovarian cancer.
January 7, 2002... Byline: Massachusetts Lawyers Weekly Staff Injuries alleged: Death Name of case: Withheld Court/case #: Withheld Tried before judge or jury: N/A (settled) Special damages: N/A Amount of...

Verdicts & Settlements January 7, 2002: Failure to yield at posted traffic sign.
January 7, 2002... Byline: Massachusetts Lawyers Weekly Staff Injuries alleged: Multiple head and facial lacerations, neck and back injuries, right wrist fracture, right hand bruising and lacerations, injury to right hip, laceration to right knee...

Verdicts & Settlements January 7, 2002: Failure To Monitor Patient's Coagulation Status.
January 7, 2002... Byline: Massachusetts Lawyers Weekly Staff Injuries alleged: Death Name of case: Withheld Court/case #: Withheld Tried before judge or jury: N/A (settled) Amount of settlement: $400,000 Date:...

Verdicts & Settlements January 7, 2002: Insurance Carrier Fails To Pay Benefits.
January 7, 2002... Byline: Massachusetts Lawyers Weekly Staff Injuries alleged: Loss of income and benefits Name of case: Withheld Court/case #: Withheld Tried before judge or jury: N/A (settled after mediation) Amount of...

Lawyers forecast employment law growth in Massachusetts.
January 7, 2002... Byline: John O. Cunningham Civil litigators tell Lawyers Weekly that Massachusetts will experience a year of continuing growth in employment litigation in 2002, along with ripple effects from a sliding economy and the events of Sept. 11....

$1M is collected for M.D.'s 'total' disability.(Massachusetts)
January 7, 2002... Byline: Jason M. Scally Two Boston attorneys recently garnered a $1 million settlement against a disability insurance carrier when they argued that their client, an obstetrician/gynecologist, was "totally disabled" because he could not...

1st U.S. Circuit Court of Appeals denies SSI money after flaw in ALJ ruling.(supplemental security income)
January 7, 2002... Byline: John O. Cunningham A U.S. District Court judge did not have authority to award Supplemental Social Security Income to a disabled applicant where an administrative law judge did not address whether the applicant had a significant...

Q&A with Matthew J. Nestor, Massachusetts Securities Division.(first deputy secretary of state)(Interview)
January 7, 2002... Byline: Massachusetts Lawyers Weekly Staff Under the reign of Matthew J. Nestor, the Massachusetts Securities Division has returned an unprecedented amount of money -- $16 million over the past four years, to be exact -- to defrauded...

The top jury verdicts of 2001: #6.
January 14, 2002... Byline: Marissa Yaremich $2.8 million CASTRO v. SEARIVER MARITIME INC. U.S. District Court, No. 99-11629-GAO Date of verdict: May 18, 2001 Plaintiff's attorneys: Carolyn M. Latti and David F. Anderson, Boston Life at...

The top jury verdicts of 2001: #5.(Massachusetts)
January 14, 2002... Byline: Henriette Campagne $4.5 million MANUPPELLI v. BERMAN Essex Superior Court, No. 96-01270A Date of verdict: Feb. 1, 2001 Plaintiff's attorneys: Kenneth M. Levine, Joyce L. Lichtenstein and Vivian Sparacio, Brookline...

The top jury verdicts of 2001: #4.
January 14, 2002... Byline: John O. Cunningham $4.85 million DAVIGNON, et al. v. CLEMMEY, et al. U.S. District Court, No. 99-11875-WGY Date of verdict: May 24, 2001 Plaintiffs' attorneys: Leonard H. Kesten, Boston; John P. LeGrand,...

The top jury verdicts of 2001: #3.(Massachusetts)
January 14, 2002... Byline: Jason M. Scally $7.6 million EDWARDS v. MBTA Suffolk Superior Court, No. 99-0458-F Date of verdict: June 8, 2001 Plaintiff's attorneys: Norman S. Zalkind and Inga S. Bernstein, Boston It was no secret that...

The Top Jury Verdicts Of 2001: #2.
January 14, 2002... Byline: Rebecca J. Berfanger $10.8 million LEE v. MT. IVY PRESS, L.P., ET AL. DEFONSECA (as cross-claimant) v. PUBLISHERS GROUP WEST, INC., ET AL. Middlesex Superior Court, No. 98-2456 Date of verdict: Aug. 21, 2001 ...

The Top Jury Verdicts Of 2001: #1.
January 14, 2002... Byline: Marc Hogan $14.2 million GATH v. M/A-COM v. BURNS INTERNATIONAL SECURITY SERVICES Middlesex Superior Court, No. 98-6221 Date of verdict: Jan. 24, 2001 Plaintiff's attorneys: Frederic N. Halstrom, Boston, and...

The top jury verdicts of 2001.
January 14, 2002... Byline: Jason M. Scally It may not be fair to say that big-dollar jury verdicts in Massachusetts are dead, but they do seem a little ill at the moment. Juries were a lot more reserved last year in returning multi-million-dollar...

Carrier may sue for co-insurer contribution, Superior Court judge rules.(Massachusetts)
January 14, 2002... Byline: Jason M. Scally An insurance company that settled a claim with its policyholder could seek equitable contribution from a co-insurer who insured the same risk, a Superior Court judge has held. The co-insurer claimed that it did...

Mass. Supreme Judicial Ct. to decide on a separate cause of action for spoliation of evidence issue.
January 14, 2002... Byline: Mary K. Bedard The Supreme Judicial Court heard arguments last week in a case that could change Massachusetts law to permit a plaintiff to sue a third party for negligently destroying evidence under a theory of spoliation. In...

U.S. District Court judge says software buyer bound by 'click' contract.
January 14, 2002... Byline: Jason M. Scally A company that purchased computer software may be bound by a licensing agreement entered into by clicking on an "I agree" button during the on-screen installation process, a U.S. District Court judge has found. ...

What the pro se dilemma means for Massachusetts lawyers.
January 21, 2002... Byline: John O. Cunningham Of all modern trends affecting Massachusetts lawyers, the biggest challenge on the horizon may come from non-lawyers who represent themselves. In some state courts, pro se litigants now jam the hallways and...

Massachusetts lawyers eye changes in definition of 'family'.
January 21, 2002... Byline: John O. Cunningham Probate and family law practitioners tell Lawyers Weekly that Massachusetts courts will confront more issues in 2002 about the definition of "family" as it relates to grandparents and domestic partners raising...

Massachusetts lawyers excluded from medical exams cry foul.
January 21, 2002... Byline: Jason M. Scally Plaintiffs' lawyers say they are receiving "unequal" treatment in being barred from attending or recording their clients' Rule 35 medical exams -- and they are pushing for a new rule that would "level the playing...

Massachusetts college pays $1.24M in case of shooting spree.
January 21, 2002... Byline: Jason M. Scally A recent $1.24-million settlement in a case concerning a shooting of a security guard at a Massachusetts college illustrates the importance of pursuing multiple defendants in tort actions - even if two parties...

Appellate Division of state District Court says PIP policy is voided: no setoff for verdict.(personal-injury-protection)(Massachusetts)
January 21, 2002... Byline: Mary K. Bedard A car-accident plaintiff was entitled to the full amount of a tort verdict where her personal-injury-protection insurance policy had been voided for misrepresentation and she had not collected any PIP money, the...

Commentary: embracing gimmickry: lawyers get on the schtick.(Massachusetts)
January 21, 2002... Byline: David L. Yas Fans of "L.A. Law" may recall that the character of Roxanne, the well-meaning secretary to male-bimbo divorce lawyer Arnie Becker, once climbed out of personal bankruptcy by marrying a man who was as bald as he was...

Q&A with Ronald A. Cass, Melville Madison Bigelow Professor of Law.
January 21, 2002... Byline: Massachusetts Lawyers Weekly Staff Ronald A. Cass, a Melville Madison Bigelow Professor of Law, recently published his sixth novel, "The Rule of Law in America." Cass recently spoke to Lawyers Weekly about the book and America's...

Boston attorney granted right to use Ted Williams Tunnel for commute to trial.
January 21, 2002... Byline: Massachusetts Lawyers Weekly Staff No lawyer likes to be late to trial. But one Boston attorney has taken an extraordinary step to ensure that he'll be right on time. About to handle a first-degree murder trial in Newburyport,...

Massachusetts Lawyers in the News: January 21, 2002.
January 21, 2002... Byline: Massachusetts Lawyers Weekly Staff New Associations Jonathan C. Black has joined Peabody & Arnold in Boston as a partner. Black was formerly a partner at Hale and Dorr. He joins the firm's real-estate industry practice group....

Massachusetts Legal Obituaries: January 21, 2002.
January 21, 2002... Byline: Massachusetts Lawyers Weekly Staff James Albert Attorney James Albert died while visiting his son in Wales. He was 96. He graduated from Harvard College in 1926 and from Northeastern University School of Law in 1930. ...

Mass. Appellate Tax Board Case Summaries: January 21, 2002.
January 21, 2002... Byline: Massachusetts Lawyers Weekly Staff Taxation Personal Income Taxes - Repayment Of Disability Income Where a wife (1) received disability payments in 1988, 1989 and 1990, (2) treated such payments as part of her gross income...

Appellate Division Massachusetts Court Summaries: January 21, 2002.
January 21, 2002... Byline: Massachusetts Lawyers Weekly Staff Insurance PIP Reduction - Void Policy - Misrepresentation Where a $5,000 verdict in favor of a plaintiff was reduced by $2,000 in personal injury protection (PIP) benefits, the reduction...

Massachusetts Appeals Court Case Summaries: January 21, 2002.
January 21, 2002... 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...

Massachusetts Commission Against Discrimination Case Summaries: January 21, 2002.
January 21, 2002... Byline: Massachusetts Lawyers Weekly Staff Civil Rights Housing Discrimination - Harassment - Sexual Orientation Where a complainant seeks to hold the respondent housing authority liable for discrimination in housing on the basis...

Mass. Supreme Judicial Court Case Summaries: January 2, 2002.
January 21, 2002... Byline: Massachusetts Lawyers Weekly Staff Appeals Petition Under G.L.c. 211, Sect. 3 - Restraining Order Where a petitioner, serving 18 months in prison for twice violating a G.L.c. 209A order, filed a request for relief pursuant...

Mass. Superior Courts Case Summaries: January 21, 2002.
January 21, 2002... Byline: Massachusetts Lawyers Weekly Staff Civil Practice Civil Contempt - Violation Of Injunction Where an individual and a publishing company have violated an injunction barring them from asserting any right, title or interest in...

U.S. Bankruptcy Court Case Summaries: January 21, 2002.
January 21, 2002... Byline: Massachusetts Lawyers Weekly Staff Bankruptcy Insurance - Officers And Directors - Trustee's Standing Where a Chapter 11 Trustee has brought claims against some of the officers and directors of the debtor company, these...

U.S. Court of Appeals 1st Circuit Case Summaries: January 21, 2002.
January 21, 2002... Byline: Massachusetts Lawyers Weekly Staff Administrative Hospital - Medicare Reclassification Where a hospital filed a complaint in U.S. District Court seeking judicial review of an administrative decision which dismissed as...

U.S. District Court Case Summaries: January 21, 2002.
January 21, 2002... Byline: Massachusetts Lawyers Weekly Staff Patent And Trademark Infringement Finding - Reconsideration Where a defendant has moved for reconsideration of a summary judgment I granted the plaintiff on a claim that the defendant...

U.S. Magistrate Judges Case Summaries: January 21, 2002.
January 21, 2002... Byline: Massachusetts Lawyers Weekly Staff Habeas Corpus Stay - Exhaustion Where a habeas corpus petitioner seeks a stay of a dismissal order so that he may exhaust his state remedies, the request for a stay should be denied. ...

U.S. Supreme Court Case Summaries: January 21, 2002.
January 21, 2002... Byline: Massachusetts Lawyers Weekly Staff Administrative OSHA - Authority The Occupational Safety and Health Administration has the authority to regulate safety conditions on "uninspected vessels," including oil and gas...

Verdicts & Settlements January 21, 2002: Common bile duct - cut during surgery.
January 21, 2002... Byline: Massachusetts Lawyers Weekly Staff Injuries alleged: Common bile duct cut during laparoscopic gallbladder removal Name of case: Withheld Court/case #: Withheld Tried before judge or jury: N/A...

Verdicts & Settlements January 21, 2002: Accident involving inflatable obstacle course.
January 21, 2002... Byline: Massachusetts Lawyers Weekly Staff Injuries alleged: Cervical fracture with fusion and internal fixation Name of case: Zackular v. Grant Wilber, Inc. et al. Court/case #: Middlesex Superior Court, No. 00-0332...

Verdicts & Settlements January 21, 2002: Failure to diagnose malignant melanoma.
January 21, 2002... Byline: Massachusetts Lawyers Weekly Staff Injuries alleged: Malignant melanoma Name of case: Withheld Court/case #: Withheld Tried before judge or jury: N/A (settled) Amount of settlement: ...

Verdicts & Settlements January 21, 2002: Failure to diagnose bowel obstruction.
January 21, 2002... Byline: Massachusetts Lawyers Weekly Staff Injuries alleged: Death Name of case: Withheld Court/case #: Withheld Tried before judge or jury: Jury (settled on third day of trial following cross-examination of...

Verdicts & Settlements January 21, 2002: Oxygen deprivation in newborn.
January 21, 2002... Byline: Massachusetts Lawyers Weekly Staff Injuries alleged: Hypoxic brain damage Name of case: Withheld Court/case #: Withheld Tried before judge or jury: N/A (settled) Special damages: Care for...

Verdicts & Settlements January 21, 2002: Death of detail police officer.
January 21, 2002... Byline: Massachusetts Lawyers Weekly Staff Injuries alleged: Death Name of case: Withheld Court/case #: Norfolk Superior Court, case no. withheld Tried before judge or jury: N/A (mediated) Name of...

Verdicts & Settlements January 21, 2002: Civil asset forfeiture - suspected drug dealers.
January 21, 2002... Byline: Massachusetts Lawyers Weekly Staff Injuries alleged: Seizure of money related to alleged drug crime Name of case: Commonwealth v. $9,460 Court/case #: Suffolk Superior Court, No. 99-4619F Tried before...

Verdicts & Settlements January 21, 2002: Security guard injured.
January 21, 2002... Byline: Massachusetts Lawyers Weekly Staff Injuries alleged: Permanent disability as result of gunshot wounds, post-traumatic stress disorder Name of case: Beavers, et al. v. Dave's Sporting Goods, Inc., et al. Court/case...

Verdicts & Settlements January 21, 2002: Two - car collision - tired driver - employer's liability.
January 21, 2002... Byline: Massachusetts Lawyers Weekly Staff Injuries alleged: Quadriplegia below C6-C7 with limited use of hands and arms in 4-year-old boy, compound leg fractures in 32-year-old man Name of case: Withheld Court/case #:...

Commentary: e-mail P&S: another trap for the unwary.(Massachusetts)
January 28, 2002... Byline: William V. Hovey If you thought the decision in McCarthy v Tobin, 429 Mass. 84, 706 N.E.2d 629 (1999), made using "Offers to Purchase" dangerous, you may give up using e-mail after reading the memorandum of decision and order on...

Dedham District Court judges says man who bit into bone could sue restaurant.
January 28, 2002... Byline: Mary K. Bedard A man who bit into a fish bone at a restaurant could bring a lawsuit for breach of the warranty of merchantability, a state District Court judge has ruled. The defendant restaurant argued that the presence of a...

Warranty of habitability: applied to new homes?(Massachusetts)
January 28, 2002... Byline: Jason M. Scally Two cases recently argued at the Supreme Judicial Court could decide whether Massachusetts recognizes an implied warranty of habitability between a builder and a new homebuyer. Two cases recently argued at the...

Mass. Appellate Tax Board Case Summaries: January 28, 2002.
January 28, 2002... Byline: Massachusetts Lawyers Weekly Staff Taxation Commercial Properties - Overvaluation Claim Where taxpayers are seeking abatements of real estate taxes paid for fiscal year 1994 on three contiguous properties located in a West...

Judge-turned-advocate James W. Dolan and others are battling Legislature for power over Mass. courts.
January 28, 2002... Byline: Amy Johnson Conner Whatever happened to the separation of powers? That's what some Massachusetts trial court judges are asking as two of their most cherished assets -- independence and control over the courts -- suddenly appear...

Boston firm opens Munich office, expands corporate practice despite slow economy.
January 28, 2002... Byline: Natalie White McDermott, Will & Emery inked a different type of "deal" this month when it officially set up shop in Munich, Germany, becoming one of the first Boston law firms to boast a German office. The firm now has offices...

Massachusetts Supreme Judicial Court says arbitrator may award 93A treble damages.
January 28, 2002... Byline: John O. Cunningham An arbitration panel was authorized to award treble damages and attorney's fees to a subcontractor in a construction dispute, the Supreme Judicial Court has ruled. The contractor against whom the award was...