Massachusetts Lawyers Weekly articles from January 2004

Massachusetts Lawyers Weekly archives from January 2004

Massachusetts Superior Court judge rules a town board's approval of development is improper.(city planning and redevelopment case)
January 5, 2004... Byline: John O. Cunningham A town planning board could not declare a site of a proposed development exempt from subdivision approval requirements under state law without a record of fact finding, a Superior Court judge has held. The...

The Boston Bar Association takes a step forward to phase out the rotation of Superior Court Judges.
January 5, 2004... Byline: Jason Cunningham The Boston Bar Association is calling for a pilot program that could be a first step toward changing or even phasing out the practice of rotating Superior Court judges -- a plan that it says has the support of...

U.S. Court of Appeals case summaries: January 5, 2004.
January 5, 2004... Byline: Massachusetts Lawyers Weekly Staff Criminal Sentencing - Supervised Release - Conditions Where a criminal defendant has, in two consolidated appeals, asserted a number of arguments challenging his sentences, we find four...

U.S. District Court case summaries: January 5, 2004.
January 5, 2004... Byline: Massachusetts Lawyers Weekly Staff Jurisdiction Federal - Wireless Telephone Fees Where a defendant has removed to this court a complaint filed in state court by a plaintiff challenging the legality of certain monthly fees...

U.S. Bankruptcy Court case summaries: January 5, 2004.
January 5, 2004... Byline: Massachusetts Lawyers Weekly Staff Bankruptcy Terminated Employment Contract - Damages Cap Where a Chapter 11 debtor's former general counsel has filed a proof of claim asserting termination of his employment contract, the...

U.S. Magistrate Judges case summaries: January 5, 2004.
January 5, 2004... Byline: Massachusetts Lawyers Weekly Staff Civil Practice Discovery - Work- Product - Waiver Of Privilege Where defendants seek an order requiring the plaintiffs to produce documents obtained from a bankrupt corporation, the...

Massachusetts Supreme Judicial Court case summaries: January 5, 2004.
January 5, 2004... Byline: Massachusetts Lawyers Weekly Staff Constitutional Initiative - Legislature's Failure To Act Where plaintiffs filed a complaint seeking an order instructing the defendant Secretary of the Commonwealth to send an initiative...

Massachusetts Appeals Court case summaries: January 5, 2004.
January 5, 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...

Massachusetts Superior Court case summaries: January 5, 2004.
January 5, 2004... Byline: Massachusetts Lawyers Weekly Staff Appeals Untimely Notice - Excusable Neglect Even though a plaintiff's notice of appeal was filed more than 30 days after this court's denial of a motion for a new trial following a jury...

Massachusetts District Court case summaries: January 5, 2004.
January 5, 2004... Byline: Massachusetts Lawyers Weekly Staff Negligence Legal Malpractice - Statute Of Limitations Where (1) a plaintiff filed suit against a defendant attorney, alleging malpractice, and (2) a summary judgment was ultimately entered...

Massachusetts District Court Trial Division case summaries: January 5, 2004.
January 5, 2004... Byline: Massachusetts Lawyers Weekly Staff Search And Seizure Observation Of Screw Driver Where a bag of cocaine was seized from the defendant's vehicle, we hold that such evidence must be suppressed because neither the...

Massachusetts Appellate Tax Board case summaries: January 5, 2004.
January 5, 2004... Byline: Massachusetts Lawyers Weekly Staff Taxation Water Supply Board - Payments In Lieu of Taxes Where a water supply board owns real property in the town of Danvers and is obligated under G.L.c. 59, Sect. 5F to make payments in...

Massachusetts Labor Relations Commission case summaries: January 5, 2004.
January 5, 2004... Byline: Massachusetts Lawyers Weekly Staff Labor Police Department - Citizen's Complaint Where a police chief, after receiving a letter from a citizen's attorney complaining of an officer's conduct, initiated an investigation in...

Massachusetts Commission Against Discrimination case summaries: January 5, 2004.
January 5, 2004... Byline: Massachusetts Lawyers Weekly Staff Civil Rights Discrimination - Housing Where a hearing officer found a respondent realty trust, but not a co-respondent individual, liable for housing discrimination, we conclude that the...

Massachusetts Department of Industrial Accidents case summaries: January 5, 2004.
January 5, 2004... Byline: Massachusetts Lawyers Weekly Staff Workers' Compensation Inadequate Vocational Analysis Where an administrative judge has denied an employee's claim for G.L.c. 152, Sect. 34 temporary total incapacity benefits and allowed...

Massachusetts legal community learns of the loss of Attorney Gerard D. Downing.(Obituary)(Brief article)
January 5, 2004... Byline: Massachusetts Lawyers Weekly Staff Last month members of the Massachusetts legal community learned of the unfortunate and untimely loss of Gerard D. Downing, the longtime district attorney of Berkshire County. Downing...

Caution urged in changes to OAA.(Office of Administrative Appeals)
January 5, 2004... Byline: Massachusetts Lawyers Weekly Staff The following letter was directed to the governor's chief of Commonwealth Development, the secretary of the Executive Office of Environmental Affairs and the commissioner of the Department of...

Massachusetts Governor issues executive order that outlines standards of conduct for notaries.(Mitt Romney)
January 5, 2004... Byline: Massachusetts Lawyers Weekly Staff (Editor's note: The following is an executive order that was issued by the governor on Dec. 19, 2003, which outlines the standards of conduct for notaries public. A news brief on this order...

U.S. Court of Appeals revises procedure for ordering and obtaining transcripts for appeal cases.
January 5, 2004... Byline: Massachusetts Lawyers Weekly Staff OFFICE OF THE CLERK UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT RICHARD CUSHING DONOVAN CLERK JOHN JOSEPH MOAKLEY UNITED STATES COURTHOUSE 1 COURTHOUSE...

Massachusetts state alcohol law enforcers conduct tout programs to prevent drunk drivers.(Brief article)
January 5, 2004... Byline: Massachusetts Lawyers Weekly Staff State alcohol law enforcers recently conducted "Safe Holidays" operations under two new programs at drinking establishments with a history of serving convicted drunk drivers and minors. ...

Massachusetts activist seeks to change soccer rule.
January 5, 2004... Byline: Massachusetts Lawyers Weekly Staff Rep. Deborah D. Blumer, D-Framingham, filed a bill in late November to ban heading in soccer for players in any Massachusetts elementary, middle or high school, or collegiate soccer game. ...

Massachusetts Secretary of State signs tax bill giving cities and towns more time to mail out taxes.(William F. Galvin)(Brief article)
January 5, 2004... Byline: Massachusetts Lawyers Weekly Staff Secretary of State William F. Galvin's signature completed a law giving cities and towns the option of waiting a month to mail out third-quarter tax bills. The change gives them more time to...

Massachusetts lawmakers break rules by carrying override authority into 2004.(Brief article)
January 5, 2004... Byline: Massachusetts Lawyers Weekly Staff Lawmakers at their year-end formal session passed bills containing $211 million in spending designed to create jobs and ease some of last year's budget cuts, then broke their own rules by carrying...

Massachusetts Judge rules that a pharmacist prescribing drugs causing adverse affect can be sued.(Daniel Brienze sued Brian Casserly, CVS Corp. and Andrew Lee)
January 5, 2004... Byline: Jason M. Scally A pharmacist could be sued for prescribing a combination of drugs that caused an adverse reaction in the customer who took them, a Superior Court judge has ruled. The pharmacist argued that he had no duty to...

Bar Laments Uncertain Fate Of DEP's Appeal Process In Mass.(Department of Environmental Protection)(Massachusetts)
January 5, 2004... Byline: Jason Scally Environmental lawyers tell Lawyers Weekly that they are concerned over the uncertain fate of their administrative appeals because of reports that the environmental administrative law judges who handle appeals may be...

Mass. Appeals Court Case Summaries: January 5, 2004.
January 5, 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. Dept. of Industrial Accidents: January 5, 2004.
January 5, 2004... Byline: Massachusetts Lawyers Weekly Staff Workers' Compensation Additional Medical Evidence Where a self-insurer has appealed an award of benefits made to an employee under G.L.c. 152, Sects. 13, 30 and 34, we decide that the...

U.S. District Court Case Summaries: January 5, 2004.
January 5, 2004... Byline: Massachusetts Lawyers Weekly Staff Jurisdiction Subject Matter - Medicare Recoupment Action - Exhaustion Requirement Where the United States has filed a recoupment action alleging that the defendant hospital has improperly...

Commentary: 2003: The Year In Limerick.(Poem)
January 5, 2004... Byline: David L. Yas Once a year I reach under the bed for the limerick stick and dole out an annual rite of punishment on the legal community. Thus, we bust the following rhymes as a final look back at 2003. A law firm folds? Alas, so...

Verdicts & settlements January 12, 2004: bar pays $500K for ceiling tile hitting man in the head.(cases between bar and a person)(closed head injury)
January 12, 2004... Byline: Massachusetts Lawyers Weekly Staff $500,000 Settlement The plaintiff alleged that he was injured on Dec. 21, 1997, when he was hit on the head by a falling ceiling tile while at the defendants' bar. The defendants did not...

Verdicts & settlements January 12, 2004: $825K settlement for colorectal cancer that goes undetected.
January 12, 2004... Byline: Massachusetts Lawyers Weekly Staff $825,000 Settlement Defendant #1 had been the plaintiff's primary care physician since approximately 1984. On Nov. 21, 1994, defendant #1 performed a sigmoidoscopy on the plaintiff, who was a...

Verdicts & settlements January 12, 2004: Boston jury rules for insurance co. in car theft claim.
January 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Defense Verdict The plaintiff alleged that on April 2, 2000, his 1995 Lexus ES300 was stolen from the parking garage located in his apartment complex. The plaintiff reported the theft to his...

Verdicts & settlements January 12, 2004: Ladder manufacturer pays $1.35M for negligence.
January 12, 2004... Byline: Massachusetts Lawyers Weekly Staff $1.35 Million Settlement On July 19,1998, the plaintiff suffered a severely herniated lumbar disc as a result of a fall from a ladder, produced by the defendant ladder manufacturer, which had...

Verdicts & settlements January 12, 2004: Driver pays $37K for hitting 77-year-old bicyclist.(Brief article)
January 12, 2004... Byline: Massachusetts Lawyers Weekly Staff $100,000 Settlement This action concerned a motor vehicle accident in which the defendant driver backed out of a parking space into a street and struck a 77-year-old woman who was riding a...

U.S. District Court case summaries: January 12, 2004.
January 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Civil Rights Removal - Remand Where a plaintiff's civil rights action, filed against a defendant state trooper and the codefendant commonwealth, has been removed to this court, the case...

U.S. Bankruptcy Court case summaries: January 12, 2004.
January 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Bankruptcy Mortgage Foreclosure Where the holder of a mortgage on real property owned by a realty trust (whose trustee is a Chapter 7 debtor) seeks relief from the automatic stay so as to...

Massachusetts Supreme Judicial Court case summaries: January 12, 2004.
January 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Appeals Orders December 29, 2003 Further appellate review granted: Georgia Darviris & another vs. James G. Petros. Reported below: 59 Mass. App. Ct. 323 (2003). Rosario L....

Massachusetts Appeals Court case summaries: January 12, 2004.
January 12, 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...

Massachusetts Superior Court case summaries: January 12, 2004.
January 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Civil Practice Personal Injury Case - Rule 35 Examination Where (1) a plaintiff has filed suit against a defendant whom she alleges caused her physical injury through negligent operation...

Massachusetts District Court case summaries: January 12, 2004.
January 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Civil Practice No Service Of Process Where the plaintiff, an alleged personal injury victim, failed both (1) to serve the defendant property owner with process before the defendant died...

Massachusetts Land Court case summaries: January 12, 2004.
January 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Real Property Use Of Dirt Paths - Easement Claims Where plaintiffs (1) allege that the defendants have wrongfully used certain dirt paths on the plaintiffs' property and (2) have moved...

Massachusetts commission against discrimination case summaries: January 12, 2004.
January 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Employment Alleged Sex And Age Discrimination - Account Manager Where a complainant account manager asserts that she was discriminated against by the respondent employer because of her sex...

Massachustts Department of Industrial Accidents case summaries: January 12, 2004.
January 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Workers' Compensation Undocumented Immigrant Workers Where an undocumented immigrant worker has been awarded workers' compensation benefits, that decision was proper and thus should be...

Frequent rotation of Massachusetts' Superior Court judges lacks accountability.(Boston Bar Association)
January 12, 2004... Byline: Massachusetts Lawyers Weekly Staff The Boston Bar Association's Committee on the Superior Court Circuit System states in its recently released report: "The frequent rotation of Superior Court judges throughout different sessions of...

Massachusetts Supreme Judicial Court solicits amicus briefs or memoranda from interested parties.
January 12, 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...

Massachusetts governor signs bills into law.(Public notice)
January 12, 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...

Sullivan Narrowly wins seat on Massachusetts's housing court.(Worcester Housing Court appoints Timothy F. Sullivan)
January 12, 2004... Byline: Massachusetts Lawyers Weekly Staff The Governor's Council narrowly confirmed Topsfield attorney Timothy F. Sullivan for a seat on the Worcester Housing Court. Gov. Mitt Romney's first judicial nominee, Sullivan was confirmed...

Boston attorney volunteers two weeks of his vacation time to help out at an India orphanage.(Sally L. Byrne)
January 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Mention the word "vacation" and most see images of palm trees, European villas or sprawling greens on a golf course dancing through their heads. But the surroundings weren't so lavish for one...

Massachusetts lawyers represent big-name recording artists.
January 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Think your job is cool? Try this one on for size. Chelmsford lawyers Timothy J. Ervin and John F. Gallant represent the companies that hold the merchandising licenses to big-name recording...

Massachusetts Land Court judge rules e-mails containing home purchase price terms is not a contract.
January 12, 2004... Byline: John O. Cunningham An e-mail regarding price terms between prospective parties to a home purchase did not constitute an enforceable contract, a Land Court judge has ruled. The plaintiff, a bidder for the home, argued that she...

Massachusetts Superior Court picks a committer of lawyers to assist with changes in court system.
January 12, 2004... Byline: David L. Yas A committee of lawyers hand-picked by Superior Court Chief Justice Suzanne V. DelVecchio will soon be created to consider fundamental changes in how the court operates -- including whether judges should continue to...

Massachusetts governor announces job openings at the Department of Industrial Accidents.(Mitt Romney)
January 12, 2004... Byline: Jeanne Greeley For lawyers who have ever considered becoming a judge at the Department of Industrial Accidents, officials say this may be the time to get your application in. With a host of judicial vacancies on the horizon at...

U.S. Circuit Court of Appeals case summaries: January 12, 2004.
January 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Civil Rights Strip Search - Jury Instruction Where a plaintiff filed suit claiming that the strip searches he underwent at a county jail were unconstitutional, a jury verdict adverse to...

Massachusetts attorney Richard H. Lovell dies of pancreatic cancer complications.
January 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Newton native and attorney Richard H. Lovell died of complications from pancreatic cancer at his home. He was 83. Lovell graduated from Yale Law School, first in his class, in 1948, according...

Massachusetts attorney James L. O'Brien dies unexpectedly.
January 12, 2004... Byline: Massachusetts Lawyers Weekly Staff James L. O'Brien died at Lynn Union Hospital unexpectedly. He was 54. Born in Stoneham, O'Brien lived in Melrose for more than 35 years, eight years in Malden and the past nine years in...

Massachusetts attorney receives admonition for his misconduct.
January 12, 2004... Byline: Massachusetts Lawyers Weekly Staff In February 2000, the respondent was retained to file suit against an individual who had failed to repay in full a promissory note payable to the client in the principal amount of $9,000 plus...

Massachusetts attorney receives admonition for dishonored checks from his IOLTA account.
January 12, 2004... Byline: Massachusetts Lawyers Weekly Staff This matter came to Bar Counsel's attention pursuant to Mass. R. Prof. C. 1.15(f) as a result of receipt of a notice of two dishonored checks from the bank at which the respondent maintains his...

Massachusetts attorney receives admonition for using Connecticut IOLTA account.
January 12, 2004... Byline: Massachusetts Lawyers Weekly Staff The respondent is admitted to practice both in Massachusetts and in an adjoining state. Until 2001, he maintained his office in the adjoining state and conducted little or no practice in...

Massachusetts Supreme Judicial Court issues an Order of Term Suspension on Saul C. Cohen.
January 12, 2004... Byline: Massachusetts Lawyers Weekly Staff In about 1986, a client engaged the respondent to provide legal services in connection with probating the estate of her father, who had died testate on July 9, 1986. In about 1987, the client also...

Massachusetts Supreme Judicial Court issues a Judgment of Disbarment against Richard R. Howart, Jr.
January 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Supreme Judicial Court No. 2001-035BD IN RE: RICHARD R. HOWARTH, JR. Last known address: 3 Carriage Way North Providence, RI 02904 S.J.C. Judgment of Disbarment entered by Justice Sosman on...

Massachusetts Bar of Overseers holds public hearing for reinstatement of Andrew B. Estrine.
January 12, 2004... Byline: Massachusetts Lawyers Weekly Staff The Board of Bar Overseers will hold a public hearing on the Petition for reinstatement of Andrew B. Estrine of Boca Raton, FL, who has been suspended since 2001. The hearing will be on Monday,...

Massachusetts attorney Frank T. Barber's, III suspension expires April 20, 2003.
January 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Now comes the petitioner, Frank T. Barber, III, and having been suspended for a definite period of two and one-half (2?) years commencing October 20, 2000 and expiring on April 20, 2003, hereby...

Massachusetts Supreme Judicial Court issues a temporary suspension for Gayle S. Ghitelman.
January 12, 2004... Byline: Massachusetts Lawyers Weekly Staff SJC No. BD-2003-077 IN RE: GAYLE S. GHITELMAN Last known address: 6 Beacon Street Suite 1010 Boston, MA 02108-3024 Order of Immediate Temporary Suspension entered by Ireland, J., on December 11,...

Massachusetts Bar of Overseers issues an Order of Temporary Suspension on Steven Merritt.
January 12, 2004... Byline: Massachusetts Lawyers Weekly Staff SJC No. BD-2003-073 IN RE: STEVEN MERRITT Last known address: 14 Eagle Street Newburyport, MA 01950 Order of Temporary Suspension entered by Cowin, J., on December 10, 2003 This matter came...

The Massachusetts bar counsel authorizes attorney John N. Sullivan a Judgment of Reinstatement.
January 12, 2004... Byline: Massachusetts Lawyers Weekly Staff SJC No. BD-2003-013 IN RE: JOHN N. SULLIVAN Last known address: 275 No End Blvd. Salisbury, MA 01950 Judgment of Reinstatement entered by Ireland, J., on December 8, 2003 This matter came...

Massachusetts attorney personnel or management changes.
January 12, 2004... Byline: Massachusetts Lawyers Weekly Staff NewsMakers New Associations Springfield attorney Perman Glenn III will teach at Tulane Law School in New Orleans for the spring semester as an adjunct professor. Glenn is admitted to...

Massachusetts Superior Court jury awards husband and wife $1.5M in suit against Town of Hopkinton.
January 12, 2004... Byline: John O. Cunningham Traditional wisdom says that "you can't fight city hall," but one local lawyer seems to have found that fighting towns for arbitrarily denying permits for property development can indeed be fruitful. VERDICT...

Massachusetts attorney is movin' on up to bigger things.(Gina M. Ghioldi )(Interview)
January 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Lexington attorney Gina M. Ghioldi knew that when she scored Sherman Hemsley of "The Jeffersons" for an interview, she was movin' on up to bigger things. See, she didn't just want to feature...

Verdicts & settlements January 12, 2004: Massachusetts automobile negligence case settles at $40K.
January 12, 2004... Byline: Massachusetts Lawyers Weekly Staff $40,000 Settlement This was a personal injury case in which the plaintiff, while operating a Ford Taurus station wagon, was struck from behind by a tow truck. The plaintiff claimed to have...

Mass. Dept. of Industrial Accidents Rules Immigrant May Collect Workers' Comp Despite Fraud.
January 12, 2004... Byline: John Cunningham An illegal immigrant worker who submitted a false Social Security number to his employer was not barred from receiving workers' compensation benefits, a Department of Industrial Accidents panel has ruled. The...

Retaliation Suit Filed Late; U.S. Circuit Court of Appeals Rejects FMLA Claim.(Family Medical Leave Act)
January 12, 2004... Byline: Jason M. Scally A worker who was passed over for a promotion while on medical leave could not sue his former employer under the Family Medical Leave Act more than two years later, the 1st U.S. Circuit Court of Appeals has held. ...

Mass. Appeals Court Case Summaries: January 12, 2004.
January 12, 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. Dept. of Industrial Accidents Case Summaries: January 12, 2004.
January 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Workers' Compensation Assault And Battery Where (1) an employee sought workers' compensation benefits, alleging that he had suffered an industrial injury as the result of an assault and...

Mass. Commission Against Discrimination Case Summaries: January 12, 2004.
January 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Employment Alleged Race Discrimination - Hospital Where the complainant, a black hospital registration specialist originally from Haiti, alleges that the respondent employer discriminated...

Mass. Supreme Judicial Court Case Summaries: January 12, 2004.
January 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Appeals G.L.c. 211, Sect. 3 Petition - DNA Where a petitioner, the defendant in a criminal case, sought relief from (1) an order allowing the commonwealth to take a blood sample from him...

Car insurance company not liable for attorney's fees.(Lord v. Commercial Union Insurance Company)(breach of contract case)(Case overview)
January 19, 2004... Byline: Lisa K. Bruno A car insurance company was not liable for attorneys' fees under Chapter 93A simply because it failed to notify a policyholder that his coverage had been terminated for failing to have a used car inspected, the...

Massachusetts lawyers who double as notaries are required to keep detailed records.
January 19, 2004... Byline: John O. Cunningham Lawyers who double as notaries will be required to keep detailed records regarding witnesses, principals and proceedings to transactions under a new order signed by Gov. Mitt Romney. The new rule for notaries...

Supreme judicial courts rules child cannot sue mother for injuries obtained as a fetus.(Reginald Remy v. Christine MacDonald)(tort liability case)(Case overview)
January 19, 2004... Byline: John Cunningham A child could not sue her mother for injuries obtained in a car accident while the child was a fetus, the Supreme Judicial Court has ruled. The plaintiff child argued that her mother should be subject to suit...

Superior Court Judge rules attorneys who represent indigent persons cannot sue for inadequate prices.
January 19, 2004... Byline: Massachusetts Lawyers Weekly Staff Attorneys who represent indigent persons could not sue the Committee for Public Counsel Services for inadequate rates of pay or for payment delays due to short funding by the Legislature, a...

Massachusetts jury awards $4M to driver rear-ended by tanker.(Mark Stymest v. Sunoco truck)(traffic accident case)(Case overview)
January 19, 2004... Byline: Jeanne Greeley $4 Million * STYMEST v. SUNOCO (R&M) * Middlesex SuperiorCourt, No. 2000-05731 * Date of verdict:March 7, 2003 * Plaintiff's attorney:Paul F. Leavis, Boston It could have spelled disaster for...

Boston jury awards $3.18M for misdiagnosis of hip injury that led to literal growing pains.(Gustowski v. Avery)(medical malprcatice case)(Case overview)
January 19, 2004... Byline: John O. Cunningham $3.18MILLION * GUSTOWSKI, et al. v. AVERY, et al. * Middlesex SuperiorCourt, No. 98-4182 * Date of verdict:Feb. 12, 2003 * Plaintiff's attorneys: Robert W. Casby andG. Thomas Pauling, Boston ...

Wallpaper manufacturer pays $2.35M for breach of contract.(Brewstar Wall Covering Company v. Blue MountainWall Coverings Inc)(Case overview)
January 19, 2004... Byline: Lisa K. Bruno $2.35MILLION BREWSTERWALLCOVERINGCOMPANY v. BLUE MOUNTAINWALLCOVERINGS, INC. * Norfolk SuperiorCourt, No. 99-02115 * Date of verdict:Sept. 24, 2003 * Plaintiff's attorneys: William C. Nystrom,Joel G....

Boston jury awards electrician $2.1M after electric pole falls on his wrist.(Arsenault v. Boston Edison Company)(workplace accident case)(Case overview)
January 19, 2004... Byline: Rebecca J. Berfanger $2.1MILLION * ARSENAULT v. BOSTON EDISON COMPANY * Middlesex Superior Court, No. 00-05148 * Date of verdict:Dec. 17, 2003 * Plaintiff's attorneys:James E. Grumbach, Wellesley; Lyle E.Greenman,...

Boston jury awards $2M to worker struck by roll of fleece.(Hamel v. Malden Mills Industries, Inc)(liability for workplace accident case)(Case overview)
January 19, 2004... Byline: Jason M. Scally $2MILLION * HAMEL, et al. v. MALDEN MILLS INDUSTRIES, INC. * Middlesex Superior Court, No. 99-06117 * Date of verdict:April 18, 2003 * Plaintiffs' attorneys:John F. Gallant andTimothy J....