Massachusetts Lawyers Weekly articles from July 2004

Massachusetts Lawyers Weekly archives from July 2004

Supreme Judicial Court Case Summaries: July 5, 2004.
July 5, 2004... Byline: Massachusetts Lawyers Weekly Staff Criminal Murder In First Degree Where a defendant was convicted of first-degree murder, the conviction should be affirmed because (1) the evidence was sufficient to prove the defendant's...

Massachusetts Superior Court Case Summaries: July 5, 2004.
July 5, 2004... Byline: Massachusetts Lawyers Weekly Staff Civil Practice Injunctive Relief - Habeas Corpus Where a plaintiff has moved for a temporary restraining order and injunctive relief, I find that the motion must fail because the...

U.S. Court of Appeals 1st Circuit Case Summaries: July 5, 2004.
July 5, 2004... Byline: Massachusetts Lawyers Weekly Staff Antitrust Pharmacy Network Where plaintiff drug store chains filed suit alleging that the defendant health insurer committed antitrust violations in connection with the establishment and...

U.S. District Court Case Summaries: July 5, 2004.
July 5, 2004... Byline: Massachusetts Lawyers Weekly Staff Fraud Pharmaceuticals - Wholesale Prices Where defendant drug companies have moved to dismiss state-law fraud charges on the basis of preemption, the motion should be denied, as the...

Massachusetts Lawmakers Cut Med-Mal Interest; 'Anniversary' Fee Remains.
July 5, 2004... Byline: Jason M. Scally State lawmakers recently approved a reduction in the prejudgment interest rate for medical malpractice cases as part of the commonwealth's budget for fiscal year 2005 -- a move that some lawyers say will unfairly...

Massachusetts Appeals Court Case Summaries: July 5, 2004.
July 5, 2004... Byline: Massachusetts Lawyers Weekly Staff Agency And Partnership Limited Partnership - Assignment - Real Estate Where a Superior Court judge found that the assignment of a 15 percent interest in a limited partnership entitled the...

Massachusetts Employment Case Summaries: July 5, 2004.
July 5, 2004... Byline: Massachusetts Lawyers Weekly Staff Workers' Compensation COLA - Interest Where a judge found that an insurer had complied with the statutory requirement of paying interest on retroactive cost-of-living benefits, the judge...

Massachusetts Appeals Court Rules Woman Cannot Transfer Life Insurance To Second Husband.
July 5, 2004... Byline: Ariana L. Johnson A woman could not designate her new husband the beneficiary of her life insurance policies after promising the proceeds to her ex-husband in a separation agreement, the Appeals Court has ruled. After the woman...

U.S. District Court Judge Awards Interest To ERISA Claimant.
July 5, 2004... Byline: Lisa K. Bruno A law-firm employee suffering from schizophrenia who was wrongfully denied long-term disability benefits in violation of ERISA was entitled to prejudgment interest from the date the employee became eligible for the...

Supreme Judicial Court rules judge should have ordered 90-day license suspension.
July 5, 2004... Byline: John O. Cunningham A state district court judge should have ordered a 90-day license suspension -- instead of a two-year revocation -- for a defendant who pled guilty to drunk driving and had a prior offense more than 10 years old,...

Massachusetts Court of Appeals Case Summaries: July 5, 2004.
July 5, 2004... Byline: Massachusetts Lawyers Weekly Staff Insurance PIP - Deceit Where a plaintiff chiropractor filed a complaint seeking personal injury protection (PIP) benefits for services rendered to three of the defendant insurance...

Massachusetts Bankruptcy Court Case Summaries: July 5, 2004.
July 5, 2004... Byline: Massachusetts Lawyers Weekly Staff Bankruptcy Mortgage - Relief From Automatic Stay Where a mortgage lender was granted in rem relief from the automatic stay, the debtor should not be granted relief from that order, as she...

Massachusetts Land Court Case Summaries: July 5, 2004.
July 5, 2004... Byline: Massachusetts Lawyers Weekly Staff Real Property Waterways Encumbrance - Charlestown Property Where a plaintiff seeks to have a waterways encumbrance stricken from a transfer certificate of title issued to him with respect...

U.S. Supreme Court Case Summaries: July 5, 2004.
July 5, 2004... Byline: Massachusetts Lawyers Weekly Staff Constitutional Separation Of Powers A U.S. Court of Appeals has the power to issue a writ of mandamus in a case concerning whether the Vice President must comply with a judicial order to...

Massachusetts Court Officials Announce Some Sessions Are Canceled Week Of Convention.
July 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Court officials in Massachusetts have announced that they will be canceling some court sessions and modifying other court services in anticipation of the upcoming Democratic National Convention in...

Judge Lynda M. Connolly Settles In As New Chief Of The Massachusetts District Court.
July 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Judge Lynda M. Connolly recently became just the third chief justice of the District Court, offering "open lines of communication" and promising that impending time standards will be guidelines...

Massachusetts Judicial Court Rules Woman Can't Get Alimony After Death Of Husband.
July 12, 2004... Byline: Tony Wright A woman was not entitled to alimony payments from her ex-husband's estate after his death, the Supreme Judicial Court has held. The Appeals Court had ordered the estate to continue making alimony payments to the...

1st U.S. Circuit Court of Appeals Rules Health-club Workers Can Bring Claims Despite ADR Clause.
July 12, 2004... Byline: Jason M. Scally Health-club workers could bring certain fraudulent-accounting claims against their employer in court -- even though the parties had contractually agreed to resolve their disputes through ADR, the 1st U.S. Circuit...

U.S. Supreme Court Case Summaries: July 12, 2004.
July 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Constitutional Free Speech - Online Child Pornography A U.S. District Court did not abuse its discretion by granting a preliminary injunction to prevent enforcement of the Child Online...

Commentary: Morrissey's Boulevard.
July 12, 2004... Byline: Paul J. Martinek Michael Fredrickson -- the longtime counsel to the Board of Bar Overseers (pause here for a reverent bow of the head) -- is back with his third and, in many ways, most satisfying novel. "A Defense for the Dead"...

Verdicts & Settlements July 12, 2004: Morphine complications leads to $1M med-mal suit.
July 12, 2004... Byline: Massachusetts Lawyers Weekly Staff $1 Million Settlement The plaintiff's decedent had surgery in May 1997 to remove her left breast for therapeutic reasons. At the time she was 50 years old with a history of low blood pressure...

Boston's Democratic National Convention suspected to cause traffic delays and security measures.
July 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Those who sit for the bar exam in Boston at the end of the month will be thinking not only about torts and secured transactions, but also about traffic delays and security measures. Thanks to...

Verdicts & Settlements July 12, 2004: Auto negligence leads to $1.5M settlement.
July 12, 2004... Byline: Massachusetts Lawyers Weekly Staff $1.5 MIllion Settlement The plaintiff was an on-duty motorcycle police officer who struck and was subsequently run over by a tractor-trailer driven by the defendant. As a result of the...

Verdicts & Settlements July 12, 2004: Spinal Hematoma Leads To $1M Settlement.
July 12, 2004... Byline: Massachusetts Lawyers Weekly Staff $1 Million Settlement The plaintiff was a 47-year-old woman who, after a scuba diving outing, began experiencing mid-back pain that radiated to her head. On the second day of her symptoms,...

Massachusetts Law Firms Announce Staffing Changes: July 12, 2004.
July 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Mark W. Batten has joined the firm of Proskauer Rose in the Boston office. Alex M. Rodolakis has joined Garnick & Scudder in Hyannis as of counsel. Julie E. Cox has joined Boston's...

Massachusetts Appeals Court Case Summaries: July 12, 2004.
July 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: July 12, 2004.
July 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Attorneys Fees - G.L.c. 93A - Class Action Where plaintiffs, having prevailed on a claim that the defendants violated G.L.c. 93A by changing the commissions they paid the plaintiffs on...

U.S. District Court Case Summaries: July 12, 2004.
July 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Civil Practice Document Production - Audit Papers Where the plaintiffs in a securities fraud case have sought an order compelling a Belgian firm to produce copies of its audit papers for...

Verdicts & Settlements July 12, 2004: Mass. jury rules for defense in premises liability suit.
July 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Defense Verdict The plaintiff, a tenant in a four-unit residential building, sued the defendant landlords for an accumulation of ice in the parking lot, which caused her to fall and fracture...

Massachusetts Board of Bar Overseers Admonitions: July 12, 2004.
July 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Supreme Judicial Court No. 2004-052BD IN RE: BARRY B. TEICHOLZ Supreme Judicial Court No. 2004-052BD IN RE: BARRY B. TEICHOLZ Last known address: 228 Lewis Wharf Boston, MA 02110 ...

MBTA plans random searches for personal belongings carried by passengers.
July 12, 2004... Byline: Massachusetts Lawyers Weekly Staff With the fear of terrorism looming for the week of the Democratic National Convention in Boston, the MBTA is proceeding with a plan for random searches of personal belongings carried by passengers....

Commentary: Lawyers, Batten Down The Hatches.
July 12, 2004... Byline: David Yas I believe it was either Winston Churchill, Don Corleone or Hulk Hogan who said "This is war!!!" Well, boys and girls of the bar, we may be at war ourselves. Yes, lawyers have always been the scapegoats, whipping...

Federal Judges Answer Questions On White-Collar Crime.
July 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Periodically, Lawyers Weekly asks a number of judges to respond to several hypothetical scenarios with an eye toward clarifying some of the gray areas of evidence. In this installment, U.S....

Massachusetts Employment Case Summaries: July 12, 2004.
July 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Workers' Compensation Back Injury - Surgery Where an employee has been awarded a closed period of total incapacity benefits and ongoing partial incapacity benefits, the award must be...

Massachusetts Land Court Case Summaries: July 12, 2004.
July 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Real Property Subdivision - Planning Commission Where a plaintiff realty trust has appealed a defendant planning commission's certificate of conditional approval for a codefendant's...

Massachusetts Employment Case Summaries: July 12, 2004.
July 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Employment Sexual Harassment Where a hearing officer held that a respondent employer had violated G.L.c. 151B by sexually harassing a complainant employee but had not also engaged in...

Massachusetts Appeals Court Case Summaries: July 12, 2004.
July 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Environmental Appeal - Timeliness Where (1) a superseding determination of applicability was issued permitting a landowner to remove downed trees by hand, without the use of heavy...

Reorganizing To Avoid The Massachusetts Sting Tax.
July 12, 2004... Byline: Morris N. Robinson The Massachusetts Sting Tax is an entity-level tax imposed on the taxable income of S corporations. The tax rate is 3 percent for S corporations and S corporation groups whose gross receipts are at least $6...

Boston corporate lawyer announces changes in corporate law.
July 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Paralegals at a recent MCLE seminar got a rare treat when Boston corporate lawyer William F. Griffin Jr. put down his pen and picked up a microphone to sing about the changes in corporate law...

Massachusetts Appellate Court Case Summaries: July 12, 2004.
July 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Insurance PIP - Chiropractor Where a defendant insurance company was awarded summary judgment on a plaintiff's complaint seeking personal injury protection (PIP) benefits for chiropractic...

Massachusetts District Court Case Summaries: July 12, 2004.
July 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Motor Vehicles Collateral Estoppel - Board Of Appeal On Motor Vehicle Liability Where a plaintiff motorist, who was injured in a traffic accident involving the defendant, has filed a...

Massachusetts Supreme Judicial Court Case Summaries: July 12, 2004.
July 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Contract Competitive Bidding - Nongovernmental Funding - UMass Where plaintiff construction contractors allege that the defendant University of Massachusetts, in contracting for the...

U.S. Court of Appeals 1st Circuit Case Summaries: July 12, 2004.
July 12, 2004... Byline: Massachusetts Lawyers Weekly Staff Contract Breach - Judicial Estoppel Where a defendant corporation, which acquired a software company, was awarded summary judgment with respect to a breach of contract claim asserted by a...

Verdicts & Settlements July 12, 2004: Motor vehicle accident results in $175K arbitration award.
July 12, 2004... Byline: Massachusetts Lawyers Weekly Staff $175,000 Arbitration Award In October 1999, the plaintiff sustained injuries in a motor vehicle accident allegedly caused by the negligence of an uninsured driver. The plaintiff did not...

Verdicts & Settlements July 12, 2004: Bricklayer negligence results in $2.23M settlement.
July 12, 2004... Byline: Massachusetts Lawyers Weekly Staff $2.23 Million Settlement On Dec. 3, 2001, the plaintiff, a 61-year-old bricklayer working on a construction project in Cambridge, was walking on tube scaffolding that was erected by his...

Commentary: Hiring Assistant Registrars.
July 19, 2004... Byline: Massachusetts Lawyers Weekly Staff In recent months there have been efforts to transfer the right to hire assistant registrars from Probate & Family Court judges and move that hiring power to the registers of probate, who are...

Mediation popularity grows.
July 19, 2004... Byline: John O. Cunningham When Massachusetts moved to no-fault divorce in 1977, a handful of lawyers had a vision for resolving the legal issues of family breakups in a way that was, in theory, devoid of acrimony, private investigators...

Face To Face Interview With Boston Law Firm Partner Cheryl M. Cronin.
July 19, 2004... Byline: Massachusetts Lawyers Weekly Staff Brown, Rudnick, Berlack, Israels is serving as general counsel for the Boston 2004 Host Committee in conjunction with the Democratic National Convention. Cheryl M. Cronin, a partner at the Boston...

Massachusetts Employment Court Case Summaries: July 19, 2004.
July 19, 2004... Byline: Massachusetts Lawyers Weekly Staff Employment Harassment - Disability - Depression Where an employee of a day care center was harassed on the basis of her depression, the day care center and its owners should be held...

Massachusetts Probate Court Case Summaries: July 19, 2004.
July 19, 2004... Byline: Massachusetts Lawyers Weekly Staff Parent And Child Support - Arrearage - Limitations Where the plaintiff, a divorced woman, filed a complaint on May 3, 2004 alleging that the defendant, her ex-husband, has failed to pay...

Massachusetts Supreme Court Case Summaries: July 19, 2004.
July 19, 2004... Byline: Massachusetts Lawyers Weekly Staff Social Services Medicaid - Tobacco Settlement - Commonwealth's Recovery Where plaintiffs, whose decedents received Medicaid benefits for smoking-related illnesses, sought a judgment...

Massachusetts Superior Court Case Summaries: July 19, 2004.
July 19, 2004... Byline: Massachusetts Lawyers Weekly Staff Arbitration Negotiation Clause - Waiver Where a plaintiff manufacturer has filed a petition to compel arbitration of a dispute with a defendant distributor, a motion by the defendant to...

Sept. 11 Victims Compensation Fund pays out $2.15M to victim's family.
July 19, 2004... Byline: Massachusetts Lawyers Weekly Staff Fortunately for their clients, some attorneys just won't take "no" for an answer. Thanks to the persistent efforts of a team of volunteer lawyers, the widow and son of a Middlesex County man...

The Plymouth County District Attorney's Office named "Outstanding Local Prosecutor's Office".
July 19, 2004... Byline: Massachusetts Lawyers Weekly Staff Score one for the good guys. Gun crime is apparently down in Plymouth County, and some of the people responsible are getting national recognition for their efforts. The Plymouth County...

Massachusetts Probate & Family Court Judge Okays Suit Over Decades-Old Support Order.
July 19, 2004... Byline: Tony Wright A woman could sue her ex-husband for past-due child support even though the original support order was 36 years old, a Probate & Family Court judge has held. The defendant argued, among other things, that pursuant...

Massachusetts Appeals Court Case Summaries: July 19, 2004.
July 19, 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 Employment Case Summaries: July 19, 2004.
July 19, 2004... Byline: Massachusetts Lawyers Weekly Staff Workers' Compensation Extent Of Incapacity - Earning Capacity Where a workers' compensation insurance company has challenged an award made to an employee, we conclude that a recommittal...

U.S. Court of Appeals 1st Circuit Case Summaries: July 19, 2004.
July 19, 2004... Byline: Massachusetts Lawyers Weekly Staff Bankruptcy Postpetition Payments - Avoidance Where a bankruptcy trustee brought an avoidance action requesting that a creditor be ordered to return $2 million in postpetition payments...

Mass. Lawyers Weekly Presents Its Survey Of Alternative Dispute Resolution Providers.
July 19, 2004... Byline: Massachusetts Lawyers Weekly Staff In recent years, Massachusetts has experienced a boom in the number of parties looking for alternatives to traditional litigation -- and in the number of organizations and individuals stepping up...

Massachusetts Superior Court Judge Rules Non-Disclosure Clause Didn't Bar Solicitation.
July 19, 2004... Byline: Ariana L. Johnson A financial consultant who signed a non-disclosure agreement with his company -- but not a non-compete agreement -- could not be sued for soliciting his former employer's clients after he left his job, a Superior...

1st U.S. Circuit Court of Appeals Rules Company May Sue Over Logo Confusion.
July 19, 2004... Byline: Lisa K. Bruno An insurance company could bring a trademark infringement claim against another insurer using a similar name and logo for the harm it suffered to its goodwill and reputation as a result of post-sale confusion about...

Massachusetts Case Illustrates Vulnerability Of Boilerplate Liability Caps.
July 19, 2004... Byline: John O. Cunningham Can consumers attack boilerplate limitations of liability in contracts on the grounds that the terms are unreasonable and that the company was so powerful that customers had few other places to take their...

Massachusetts Appellate Court Case Summaries: July 19, 2004.
July 19, 2004... Byline: Massachusetts Lawyers Weekly Staff Contract Breach - Condominium Development Where a plaintiff sued a defendant building contractor for breach of a contract under which the defendant was to develop the plaintiff's property...

Q&A For Estate-Plan Options For Couple With Medicaid Concerns.
July 19, 2004... Byline: Massachusetts Lawyers Weekly Staff Following is a question and an answer posted on Lawyers Weekly's Online Forum. To subscribe to the Forum, which is free, visit http://forum.lawyersweekly.com. The response should not be construed...

Alan D. Rose Jr. to be busy during this year's Democratic National Convention.
July 19, 2004... Byline: Massachusetts Lawyers Weekly Staff Though he's on a six-month hiatus from his Boston law practice, Alan D. Rose Jr. is working harder than ever these days. Rose is director of Convention Hall Operations for this year's...

Boston Bar Association to open its Beacon Hill office for Democratic National Convention.
July 19, 2004... Byline: Massachusetts Lawyers Weekly Staff Not all the action during the Democratic National Convention will be happening at the Fleet Center. The Boston Bar Association announced it will open up its Beacon Hill digs to "Close Up on...

Massachusetts District Court Case Summaries: July 19, 2004.
July 19, 2004... Byline: Massachusetts Lawyers Weekly Staff Evidence Excited Utterances - Unavailable Witness - Probation Revocation Where (1) a defendant was served with a notice of probation violation involving an incident with his wife, (2) his...

Massachusetts Land Court Case Summaries: July 19, 2004.
July 19, 2004... Byline: Massachusetts Lawyers Weekly Staff Zoning Nonconforming Structure - Expansion Where a defendant zoning board denied the plaintiffs' request for permission to modernize a nonconforming structure, the decision should be...

U.S. Bankruptcy Court Case Summaries: July 19, 2004.
July 19, 2004... Byline: Massachusetts Lawyers Weekly Staff Bankruptcy Co- Counsel - Court Permission Where a Chapter 11 debtor has applied for permission to employ co-counsel, the court can find no convincing basis on which to deny the...

U.S. District Court Case Summaries: July 19, 2004.
July 19, 2004... Byline: Massachusetts Lawyers Weekly Staff Arbitration Consolidation Where (1) this court denied the respondent's request for consolidation of arbitration proceedings involving reinsurance contracts and (2) the respondent later...

Boston question-and-answer luncheon reveals interesting information.
July 26, 2004... Byline: Massachusetts Lawyers Weekly Staff "Inside the DNC," a question-and-answer luncheon sponsored by Brown, Rudnick, Berlack, Israels recently revealed some interesting tidbits about this week's convention. Among them: * By...

Face To Face Interview With Estate Planner of the Year William D. Kirchick.
July 26, 2004... Byline: Massachusetts Lawyers Weekly Staff The Boston Estate Planning Council recently named William D. Kirchick, a partner at Bingham McCutchen, as its "Estate Planner of the Year 2004." * * * LW: T&E attorneys are not as...

Boston entertainment during the week of the Democratic National Convention.
July 26, 2004... Byline: Massachusetts Lawyers Weekly Staff Looking for some entertainment away from Boston during the week of the Democratic National Convention? If you're willing to do a little time-space travel to a 13th century monastery in France,...

Mass. SJC's Judicial Ethics Committee Issues Advisory Opinion.
July 26, 2004... Byline: Massachusetts Lawyers Weekly Staff The Massachusetts Court System Committee on Judicial Ethics June 23, 2004 CJE Opinion No. 2004-6 You have requested an opinion from the Committee on Judicial Ethics concerning...

Massachusetts Employment Court Case Summaries: July 26, 2004.
July 26, 2004... Byline: Massachusetts Lawyers Weekly Staff Employment Claims Of Sexual Harassment And Retaliation Where the complainant, a private security guard, has charged that she was sexually harassed by a supervisor while she was employed...

Massachusetts Environmental Case Summaries: July 26, 2004.
July 26, 2004... Byline: Massachusetts Lawyers Weekly Staff Appeals Dismissal - Failure To Prosecute Where the Duxbury Conservation Commission has failed to prosecute an appeal of a superseding order permitting the replacement of a pier and ramp,...

Massachusetts Supreme Judicial Court Case Summaries: July 26, 2004.
July 26, 2004... Byline: Massachusetts Lawyers Weekly Staff Attorneys Discipline - Suspension Where a single justice has ordered that an attorney, who neglected a client's case and made repeated misrepresentations to the client and to co-counsel,...

New chief justice Lynda M. Connolly faces challenges.
July 26, 2004... Byline: Massachusetts Lawyers Weekly Staff Judge Lynda M. Connolly has a tough act to follow in succeeding Samuel E. Zoll as chief justice of the District Court. Zoll was responsible for many wonderful reforms during his 28-year run as...

Mass. Commission Against Discrimination's staff to conduct pre-determination discovery claims.
July 26, 2004... Byline: Lisa K. Bruno In a change that came without warning, the Massachusetts Commission Against Discrimination last month bluntly told lawyers that the agency's own staff -- and not private lawyers -- would be conducting...

Massachusetts' Budget Woes May Soon Slow Down Federal Court.
July 26, 2004... Byline: John O. Cunningham Congressional wrangling over budgets for the federal judiciary could hamper court operations in Massachusetts -- possibly resulting in reduced hours of operation, fewer civil jury panels or even temporary closing...

Massachusetts Superior Court Case Summaries: July 26, 2004.
July 26, 2004... Byline: Massachusetts Lawyers Weekly Staff Attorneys Discovery - Deposition - Hypothetical Question Where a plaintiff, having filed suit against the defendant law firm, now seeks an order compelling one of the defendant's...

Verdicts & Settlements July 26, 2004: Mass. jury awards $4.15M to plaintiff in mis-diagnosis suit.
July 26, 2004... Byline: Massachusetts Lawyers Weekly Staff $4.15 Million Verdict In January 1997, the plaintiff, a 43-year-old woman, felt a lump in her breast. The plaintiff was seen by her primary care physician, the first defendant doctor, who...

Massachusetts Appeals Court Rejects Challenge To Drug Case Over IME.
July 26, 2004... Byline: Jason M. Scally An individual arrested for driving under the influence of drugs could not get his case dismissed on the ground that he was not advised of his right to an independent medical examination, the Appeals Court has held....

Massachusetts Appeals Court Case Summaries: July 26, 2004.
July 26, 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...