Massachusetts Lawyers Weekly articles from July 2005

Massachusetts Lawyers Weekly archives from July 2005

1st U.S. Circuit Court of Appeals Case Summaries: July 4, 2005.
July 4, 2005... Byline: Massachusetts Lawyers Weekly Staff Constitutional Religious education - Initiative petition Where (1) plaintiffs sought to amend the Massachusetts Constitution to allow public financial support to be directed toward...

U.S. District Court Case Summaries: July 4, 2005.
July 4, 2005... Byline: Massachusetts Lawyers Weekly Staff Civil practice Preliminary injunction - Real estate conveyances Where a plaintiff has filed suit seeking to nullify two real estate conveyances made by a defendant to his codefendant...

U.S. Bankruptcy Court Case Summaries: July 4, 2005.
July 4, 2005... Byline: Massachusetts Lawyers Weekly Staff Bankruptcy Motion for reconsideration - Sanctions Where a motion for reconsideration has been filed following this court's ruling on a request for sanctions, the reconsideration motion...

U.S. Magistrate Judges Case Summaries: July 4, 2005.
July 4, 2005... Byline: Massachusetts Lawyers Weekly Staff Negligence Gross negligence - Truck driver Where (1) a lawsuit was brought on behalf of a man who was struck and killed by the defendant's truck on the Massachusetts Turnpike, (2) a jury...

MA Supreme Judicial Court Case Summaries: July 4, 2005.
July 4, 2005... Byline: Massachusetts Lawyers Weekly Staff Appeals Mootness - Sex offender classification Where a plaintiff filed an appeal of an order denying his complaint for judicial review of a decision by the defendant Sex Offender Registry...

MA Appeals Court Case Summaries: July 4, 2005.
July 4, 2005... 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...

MA Superior Court Case Summaries: July 4, 2005.
July 4, 2005... Byline: Massachusetts Lawyers Weekly Staff Civil practice Contempt - Sanctions Where a plaintiff alleges that two non-parties are in contempt of an order issued by this court, the contempt complaint must be dismissed "because the...

MA Land Court Case Summaries: July 4, 2005.
July 4, 2005... Byline: Massachusetts Lawyers Weekly Staff Real property Dock and boat mooring facilities Where a dispute has arisen regarding what uses may be made of dock and boat mooring facilities at a Boston condominium complex, I find (1)...

MA Probate & Family Court Case Summaries: July 4, 2005.
July 4, 2005... Byline: Massachusetts Lawyers Weekly Staff Parent and child Child support - DOR Where the Department of Revenue has moved for reconsideration of this court's order requiring the DOR to reimburse a plaintiff for service of process...

MA Labor Relations Commission Case Summaries: July 4, 2005.
July 4, 2005... Byline: Massachusetts Lawyers Weekly Staff Labor University - Digital imaging specialist - Accretion Where a union wishes to accrete the position of digital imaging specialist into a bargaining unit of clerical employees employed...

MA Department of Industrial Accidents Case Summaries: July 4, 2005.
July 4, 2005... Byline: Massachusetts Lawyers Weekly Staff Workers' compensation Medical opinion - Admissibility Where an administrative judge has found that an employee's myocardial infarction and ensuing incapacity were related to stress at...

U.S. District Court judge rules ERISA cannot preempt state pension claims against insurance carrier.(Employee Retirement Income Security Act)(Miara v. First Allmerica Financial Life Insurance Co.)
July 4, 2005... Byline: Lisa K. Bruno A business owner could bring state law claims against an insurance company, agent and agency for misrepresentations they allegedly made in procuring a pension plan, a U.S. District Court judge has ruled. The...

MA Superior Court judge rules home owner's oil leak suit against contractor untimely.(White et al v. Superior Oil Inc.)
July 4, 2005... Byline: Melissa A. Murphy A couple could not bring a hazardous waste claim under Chapter 21E against a contractor for an oil leak in their house where their claim was initiated more than six years after the couple had actual knowledge of...

MA Superior Court judge rules corporation shareholders' firing of president improper.(O'Connor v. U.S. Art Co. Inc.)
July 4, 2005... Byline: Tony Wright Shareholders in a closely-held corporation breached their fiduciary duty to the company president by firing him without pursuing less "harmful" alternatives to remedy the soured business relationship, a Superior Court...

Boston's "concerned citizen of the commonwealth" estimates he has witnessed over 20,000 cases.(Tony)
July 4, 2005... Byline: Massachusetts Lawyers Weekly Staff He declined to be photographed and did not give his last name, but to many lawyers, "Tony," the courthouse observer, needs no introduction. The self-described "concerned citizen of the...

Essay contest named in honor of former Nantucket resident William B. Macomber, Jr.
July 4, 2005... Byline: Massachusetts Lawyers Weekly Staff If patriotism and a profound respect for the law won't motivate high school students to sit down and draft an essay on the 1st Amendment to the U.S. Constitution, then maybe cold hard cash will do...

Massachusetts Board of Bar Overseers Admonitions: July 4, 2005.
July 4, 2005... Byline: Massachusetts Lawyers Weekly Staff Supreme Judicial Court No. BD-2005-036 IN RE: JAMES A. GLYNN, JR. Supreme Judicial Court No. BD-2005-036 IN RE: JAMES A. GLYNN, JR. Last known address: 101 Amesbury Street Suite 200...

Verdicts & Settlements-July 4, 2005: Bicyclist and motorist collide at intersection.
July 4, 2005... Byline: Massachusetts Lawyers Weekly Staff Defense verdict In the summer of 2000, the 45-year-old plaintiff was riding his bicycle to the gym on a street in Northampton close to downtown. According to the plaintiff, he came to a stop...

Verdicts & Settlements-July 4, 2005: Pap smear not reported; hysterectomy ensues.
July 4, 2005... Byline: Massachusetts Lawyers Weekly Staff $550,000 settlement The 40-year-old plaintiff, a mother of three, required a hysterectomy after it was established that the abnormal results of a pap smear were not communicated to her until...

Verdicts & Settlements-July 4, 2005: Intracranial bleeding leads to elderly woman's death.
July 4, 2005... Byline: Massachusetts Lawyers Weekly Staff $170,000 settlement On Nov. 9, 1998, the 88-year-old plaintiff's decedent was admitted to a nursing home and long-term care facility. Her past medical history included dementia, stroke and...

Verdicts & Settlements-July 4, 2005: Worker hurts back lifting case of provolone cheese.
July 4, 2005... Byline: Massachusetts Lawyers Weekly Staff $200,000 settlement On Feb. 21, 2000, the plaintiff was employed as a working manager and salesman. While lifting a case of provolone cheese in an awkward manner, the plaintiff felt a severe...

U.S. Supreme Court Case Summaries: July 4, 2005.
July 4, 2005... Byline: Massachusetts Lawyers Weekly Staff Civil rights Murder - Suit against city A mother whose daughters were killed by her estranged husband after police refused to enforce a temporary restraining order against him cannot sue...

Verdicts & Settlements-July 4, 2005: Intracranial bleeding leads to elderly woman's death.
July 4, 2005... Byline: Massachusetts Lawyers Weekly Staff $170,000 settlement On Nov. 9, 1998, the 88-year-old plaintiff's decedent was admitted to a nursing home and long-term care facility. Her past medical history included dementia, stroke and...

Verdicts & Settlements-July 4, 2005: Woman dies when perforated colon is not treated.
July 4, 2005... Byline: Massachusetts Lawyers Weekly Staff $600,000 settlement The plaintiff's decedent was taken to the emergency room of the Good Samaritan Medical Center by ambulance, after suffering an unexplained fall at home, and was evaluated...

MA Commissioner of Insurance announces notices of hearings: July 4, 2005.
July 4, 2005... Byline: Massachusetts Lawyers Weekly Staff Commissioner of Insurance announces notices of hearings COMMONWEALTH OF MASSACHUSETTS Office of Consumer Affairs and Business Regulation DIVISION OF INSURANCE NOTICE OF HEARING...

Commentary: Courts/Legislature: A New Low?
July 4, 2005... Byline: Massachusetts Lawyers Weekly Staff Study after study has found that Massachusetts courts are mired in mismanagement. But year after year, our state Legislature refuses to give the courts a chance to pull themselves out of the mess....

U.S. District Court Case Summaries: July 11, 2005.
July 11, 2005... Byline: Massachusetts Lawyers Weekly Staff Criminal Re-sentencing - 'Booker' Where the 1st U.S. Circuit Court of Appeals has vacated the present defendant's sentence and remanded his case to the present court for re-sentencing in...

U.S. Bankruptcy Court Case Summaries: July 11, 2005.
July 11, 2005... Byline: Massachusetts Lawyers Weekly Staff Bankruptcy Conversion - Fraud - Uttering forged checks Where a creditor has asserted claims of conversion, fraud and uttering and passing forged checks against a debtor more than three...

Supreme Judicial Court Case Summaries: July 11, 2005.
July 11, 2005... Byline: Massachusetts Lawyers Weekly Staff Criminal Homicide - Jury instructions Where a defendant has appealed his convictions for first-degree murder and armed assault in a dwelling, we hold that the appeal must fail because (1)...

Appeals Court Case Summaries: July 11, 2005.
July 11, 2005... 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...

Superior Court Case Summaries: July 11, 2005.
July 11, 2005... Byline: Massachusetts Lawyers Weekly Staff Attorneys Fees - Frivolous claims Where the present court (1) has directed a verdict for the defendants on all counts of the plaintiffs' complaint and (2) finds that all, or substantially...

District Court/BMC Appellate Division Case Summaries: July 11, 2005.
July 11, 2005... Byline: Massachusetts Lawyers Weekly Staff Appeals Perfection of appeal - Transcripts Where a plaintiff's appeal was dismissed, that order should be vacated on the ground that the plaintiff did not fail to take timely action to...

Labor Relations Commission Case Summaries: July 11, 2005.
July 11, 2005... Byline: Massachusetts Lawyers Weekly Staff Labor University - Digital imaging specialist - Accretion Where a union wishes to accrete the position of digital imaging specialist into a bargaining unit of clerical employees employed...

Attorneys: Criminal time standards problematic.
July 11, 2005... Byline: David Frank Less than a year after they were implemented in Superior Court, criminal time standards are already creating extra work and scheduling problems in some counties, attorneys say. The criminal time standards,...

Appeals Court says travelers can sue for refund in Mass. despite forum clause.(Massachusetts)
July 11, 2005... Byline: Lisa K. Bruno Travelers who unsuccessfully attempted to reschedule a cruise and sought reimbursement for the fare they paid could bring suit against the cruise line in Massachusetts, even though the ticket provided that all...

Commentary: The legal news from across our great planet.
July 11, 2005... Byline: David Yas Normally locked into all things local, today we sweep the globe to find the very latest in legal news for you; actual news items to remind us that there is nothing wrong with our courts; just the oddballs who wander into...

Boston attorney enjoys career as sports agent.(Brad K. Blank)
July 11, 2005... Byline: Massachusetts Lawyers Weekly Staff Compared to the fictional sports agents in the movie "Jerry Maguire," Brad K. Blank considers himself pretty boring. But with a client base that includes some of the most recognizable names in...

Budget Rent-a-Car agent's offensive comment sparks lawsuits.
July 11, 2005... Byline: Massachusetts Lawyers Weekly Staff Customer service nowadays just ain't what it used to be. Everyone knows that renting a car at the airport can be a hassle. But who knew it could also be harassing? As Victoria Chandler...

Verdicts & Settlements: July 11, 2005: Lead poisoning blamed for deficits in minor.
July 11, 2005... Byline: Massachusetts Lawyers Weekly Staff $350,000 settlement This childhood lead-poisoning case occurred in the early and mid-1990s while the plaintiff resided on property owned by the defendant. The minor plaintiff's lead level...

Verdicts & Settlements: July 11, 2005: Man undergoes disc surgery, wakes up a paraplegic.
July 11, 2005... Byline: Massachusetts Lawyers Weekly Staff $3.5 million settlement In November 1998, the plaintiff was a healthy 35-year-old man with no significant past medical history. At that point, the plaintiff began treating with a physician for...

Verdicts & Settlements: July 11, 2005: Co. claims it was sold defective paint for water tank.
July 11, 2005... Byline: Massachusetts Lawyers Weekly Staff Defense verdict The plaintiff company from Kentucky brought suit in federal court in Boston against the first defendant, a Kansas City paint manufacturer; the second defendant, a Wilmington...

Verdicts & Settlements: July 11, 2005: UMass cop injured in scuffle with escaped prisoner.
July 11, 2005... Byline: Massachusetts Lawyers Weekly Staff $100,000 verdict The plaintiff was employed as a police officer by the University of Massachusetts Medical Center beginning in 1989. He was working at UMass as an operations sergeant on the...

Verdicts & Settlements: July 11, 2005: Scituate landowner awarded after 'T' takes property.
July 11, 2005... Byline: Massachusetts Lawyers Weekly Staff $820,000 verdict As part of its acquisitions of land for the Greenbush commuter rail line, the defendant MBTA took the plaintiff's 26,900-square-foot lot near Scituate Harbor in Scituate. At...

Supreme Judicial Court soliciting amicus briefs.
July 11, 2005... 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...

U.S. District Court for the District of Massachusetts announces proposed rule changes.
July 11, 2005... Byline: Massachusetts Lawyers Weekly Staff UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS Public Notice Regarding the Local Rules of the United States District Court for the District of Massachusetts The Judges of...

Application deadline for Boston, Worcester CJA panels announced.
July 11, 2005... Byline: Massachusetts Lawyers Weekly Staff CRIMINAL JUSTICE ACT BOARD ANNOUNCES APPLICATION DEADLINE FOR BOSTON AND WORCESTER CJA PANELS The Federal District Court Criminal Justice Act Board will accept applications for...

Massachusetts Lawyers in the News: July 11, 2005.
July 11, 2005... Byline: Massachusetts Lawyers Weekly Staff New associations James A. Reidy and Geoffrey S. Waller, both former assistant district attorneys with the Norfolk County District Attorney's Office, have formed Reidy Waller in Boston. The...

Commentary: Obeying the limits of family limited partnerships.
July 11, 2005... Byline: Gary McGuirk, Paul McCauley and David Sullivan Partnerships are one of the oldest forms of conducting business. They can be very flexible and generally have a favored income tax status over trusts or other business or investment...

Massachusetts Board of Bar Overseers Admonitions: July 11, 2005.
July 11, 2005... Byline: Massachusetts Lawyers Weekly Staff Supreme Judicial Court No. BD-2005-034 IN RE: ROBERT J. DELANEY Supreme Judicial Court No. BD-2005-034 IN RE: ROBERT J. DELANEY Last known address: 1266 Furnace Brook Parkway - #409...

Lawyers lend a hand: Big firms engage in 'healthy' competition for pro bono.
July 11, 2005... Byline: Lisa K. Bruno In a market where billable hours and the pressure to land clients is a constant, the competitive spirit among some of the larger law firms in the commonwealth does not quite peter out when attorneys turn to pro bono...

Commentary: Judge Gertner speaks for herself only.
July 11, 2005... Byline: Massachusetts Lawyers Weekly Staff To the editor: I would like to comment on a case decided by U.S. District Court Judge Nancy Gertner, the digest of which appeared in the June 14, 2004 issue of Lawyers Weekly Albright v....

1st U.S. Circuit Court of Appeals Case Summaries: July 11, 2005.
July 11, 2005... Byline: Massachusetts Lawyers Weekly Staff Civil practice Receivership - Objections Where appellants claim that a U.S. District Court judge erred in rejecting, based on lack of standing, their objection to the final disposition of...

Commentary: Many bar advocates refuse to renew contracts.
July 11, 2005... Byline: Massachusetts Lawyers Weekly Staff Some of the state's busiest trial courts were noticeably less crowded last week, but the July 4 holiday was only part of the story. Although the docket was full of indigent defendants as usual,...

Commentary: Disputes involving the elderly: the judge's role.
July 11, 2005... Byline: Edward M. Ginsburg This column offers readers an opportunity to ask a former judge with 25 years of experience on the bench questions that are of interest to lawyers. To ask Judge Ginsburg a question, e-mail SeniorLawyers@aol.com....

Commentary: The politics of medical marijuana: dead or alive?
July 11, 2005... Byline: Michael D. Cutler Federal drug czar John Walters, commenting on the U.S. Supreme Court's recent decision in the Gonzales v. Raich case, announced that the ruling "marks the end of medical marijuana as a political issue." The...

Leasing co. carrier not liable for worker's injury, Supreme Judicial Court rules.(Home Insurance Co., et al. v. Liberty Mutual Fire Insurance Co.)
July 18, 2005... Byline: Tony Wright The insurance company for an employee-leasing agency was not required to indemnify the carrier of one of its clients for costs associated with defending and settling a lawsuit brought by a "leased employee" who was...

Accountant could be fired after warning over audit, Superior Court judge rules.(Dolph v. Vitale, Caturano and Company PC)
July 18, 2005... Byline: Lisa K. Bruno An accountant could not sue his former employer for termination in violation of public policy and the implied covenant of good faith and fair dealing even where he claimed that he was fired for insisting on complying...

Lawyers: $27M arbitration award a lesson in drafting.
July 18, 2005... Byline: Massachusetts Lawyers Weekly Staff Even as they negotiate the formation of a contract, lawyers trained to anticipate the worst prepare for the possibility of its breach. They should also be paying close attention to the arbitration...

District Court's Appellate Division says attorney sanctioned in error; sued student over 'paid' loan.
July 18, 2005... Byline: David E. Frank A college's attorney should not have been sanctioned for suing a former student for unpaid school loans, even where the loans had been paid off before the suit was filed, a panel of the District Court's Appellate...

The Weight of 93A claims in the arbitration process (with related feature: A Survey of ADR providers).
July 18, 2005... Byline: Tony Wright Springfield attorney Mark J. Albano was ready, willing and able to take his client's car-accident case to court recently. After all, both lawyer and client agreed the defendant insurance company unfairly failed to...

Businesses crisis management programs prove useful after London bombings.
July 18, 2005... Byline: Massachusetts Lawyers Weekly Staff It was in the early hours of July 7 that Bingham McCutchen Chief Operating Officer William A. Bachman heard news of the bomb explosions in London. Just out of the shower, he logged onto his...

Greenberg Traurig's 'Business Challenge' helps summer associates sharpen business acumen.
July 18, 2005... Byline: Massachusetts Lawyers Weekly Staff There aren't any boardroom showdowns, and there's little risk of wrangling with contestants the likes of Omarosa Manigault-Stallworth. But in "Apprentice"-like fashion, Greenberg Traurig's...

Hinshaw & Culbertson opens Boston office.(Brief Article)
July 18, 2005... Byline: Massachusetts Lawyers Weekly Staff The march of national firms into Boston continues with the opening this month of Hinshaw & Culbertson's 26th office at One International Place. The Bay State outpost launches with seven...

Commentary: Decreasing the minimum rage: the case for fair judicial compensation.
July 18, 2005... Byline: Massachusetts Lawyers Weekly Staff "Judges are paid less than first-year associates at large law firms." That phrase, while still true, no longer reflects the stagnation of pay for judges and magistrates in Massachusetts. The...

Harvard Law student gets opportunity to lead Boston Pops for one song.(Brief Article)
July 18, 2005... Byline: Massachusetts Lawyers Weekly Staff Harvard Law student Alexander D'Amico had high expectations of his summer associate gig at Bingham McCutchen, but he never dreamed that it would include conducting the Boston Pops. During a...

Massachusetts Government Briefs: July 18, 2005.
July 18, 2005... Byline: Massachusetts Lawyers Weekly Staff The House voted 135 to 17 to approve legislation expanding access to emergency contraception in hospitals and pharmacies, after adopting an amendment interpreted by the bill's proponents as...

Commentary: Not a fan of Lawyers Weekly's redesign.
July 18, 2005... Byline: Massachusetts Lawyers Weekly Staff To the editor: I am a semi-retired attorney in western Massachusetts, and I rely on your paper for summaries of pertinent legal decisions because I cannot afford a computer-search service. ...

Commentary: Shocked by lawyer's comments on Judge Gertner decision.(Letter to the Editor)
July 18, 2005... Byline: Massachusetts Lawyers Weekly Staff To the editor: I write in response to the letter in the July 11 issue ("Lawyer: Judge Gertner speaks for herself only") regarding U.S. District Court Judge Nancy Gertner's decision in Albright...

Commentary: Judge Gertner, in fact, speaks for more than just herself.(Letter to the Editor)
July 18, 2005... Byline: Massachusetts Lawyers Weekly Staff To the editor: Last week you published a letter to the editor captioned "Lawyer: Judge Gertner speaks for herself only" in which the writer took issue with the judge's decision in Albright v....

Notices from the Courts: July 18, 2005.
July 18, 2005... Byline: Massachusetts Lawyers Weekly Staff 1st Circuit to rehear R.I. smoke shop case United States Court of Appeals For the First Circuit No. 04-1155 NARRAGANSETT INDIAN TRIBE, Plaintiff, Appellant, v. ...

Massachusetts Lawyers in the News: July 18, 2005.
July 18, 2005... Byline: Massachusetts Lawyers Weekly Staff New associations Pascale Guerrier and John E. LaPlante have joined the Boston office of Robins, Kaplan, Miller & Ciresi as associates. Guerrier focuses her practice on business trial and...

Commentary: The Uniform Mediation Act: upgrading confidentiality in mediation.
July 18, 2005... Byline: David A. Hoffman and Vicki L. Shemin Twenty years ago, Massachusetts enacted a mediation confidentiality statute, G.L.c. 233, Sect. 23C one of the first such laws in the United States. This year the Massachusetts Legislature will...

Verdicts & Settlements: July 18, 2005: Security guard suffers concussion on way to job.
July 18, 2005... Byline: Massachusetts Lawyers Weekly Staff $90,000 settlement At the time of the accident, the 63-year-old plaintiff was retired, on disability and held a part-time job as a security guard. While the plaintiff was traveling from one...

Verdicts & Settlements: July 18, 2005: Pedestrian in crosswalk struck by car; injuries result.
July 18, 2005... Byline: Massachusetts Lawyers Weekly Staff $1.28 million judgment The plaintiff was struck by a 1995 black Mercedes Benz while he was walking on Main Street in West Springfield on Dec. 1, 2000, at approximately 2:55 p.m. Witnesses...

Verdicts & Settlements: July 18, 2005: Patient develops infection after reconstructive surgery.
July 18, 2005... Byline: Massachusetts Lawyers Weekly Staff $137,500 settlement The plaintiff previously had breast cancer that was treated with a lumpectomy and radiation therapy. She developed a recurrence requiring a mastectomy, and elected to have...

Verdicts & Settlements: July 18, 2005: Worker involved in forklift mishap left a quadriplegic.
July 18, 2005... Byline: Massachusetts Lawyers Weekly Staff Defense verdict The plaintiff was injured on the defendants' premises, a textile mill in Fall River, while operating a forklift owned and controlled by an independent contractor hired by the...

1st U.S. Circuit Court Of Appeals Case Summaries: July 18, 2005.
July 18, 2005... Byline: Massachusetts Lawyers Weekly Staff Attorneys Privilege - Grand jury Where a judge has ordered an attorney to answer questions concerning the attorney's alleged subornation of perjury before a grand jury, the order must be...

U.S. Magistrate Judges Case Summaries: July 18, 2005.
July 18, 2005... Byline: Massachusetts Lawyers Weekly Staff Habeas corpus Accessory before fact - Malicious explosion Where a defendant (1) was convicted of being an accessory before the fact to causing a malicious explosion, (2) was also convicted...

Supreme Judicial Court Case Summaries: July 18, 2005.
July 18, 2005... Byline: Massachusetts Lawyers Weekly Staff Criminal Murder - 'Resurrection' - Prior crimes Where a defendant has appealed his first-degree murder conviction, the appeal must fail, as improper admission of evidence concerning the...

Appeals Court Case Summaries: July 18, 2005.
July 18, 2005... 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...

Superior Court Case Summaries: July 18, 2005.
July 18, 2005... Byline: Massachusetts Lawyers Weekly Staff Bankruptcy Judicial estoppel Where a creditor provided a statement in a pleading filed in a debtor's bankruptcy proceeding regarding the amount owed by the debtor, the creditor was...

Commentary: The future of 'minor' crimes.
July 18, 2005... Byline: Massachusetts Lawyers Weekly Staff How should Massachusetts courts handle so-called "minor" criminal infractions? For lawyers, the debate is on. In Commonwealth v. Sebastian S., the Supreme Judicial Court ruled that once there...

Land Court Case Summaries: July 18, 2005.
July 18, 2005... Byline: Massachusetts Lawyers Weekly Staff Real property Easement rights Where a dispute has arisen as to the rights of various parties to use a portion of a Duxbury right of way, I find (1) that the easement rights of all...

Probate & Family Court Case Summaries: July 18, 2005.
July 18, 2005... Byline: Massachusetts Lawyers Weekly Staff Civil practice Guardianship - Nursing home's fees Where (1) a guardian was appointed in order to consent to a nursing home resident's antipsychotic medication and to monitor the...