Massachusetts Lawyers Weekly articles from July 2009

Massachusetts Lawyers Weekly archives from July 2009

Dismissals feared in wake of landmark lab-report decision by U.S. Supreme Court.
July 6, 2009... Byline: David E. Frank and Kimberly Atkins Criminal lawyers predict that the U.S. Supreme Court's recent ruling in a Suffolk County cocaine case will lead to a dramatic increase in dismissals of similar cases and have an impact beyond drug...

Massachusetts employee recovers over personnel-manual breach.
July 6, 2009... Byline: Eric T. Berkman An employer that fired a worker without providing the prior warning or suspension called for in its personnel manual violated an implied employment contract, the District Court/BMC Appellate Division has ruled. ...

College tuition proves challenge in divorce cases.(Massachusetts)
July 6, 2009... Byline: Julia Reischel With college tuitions skyrocketing, a number of Probate & Family Court judges say they are using the cost of attending a state school as a benchmark when deciding in divorce cases who pays how much for higher...

Verdicts & Settlements July 6, 2009: Genetic counseling not advised for parents of Thalassemia baby.
July 6, 2009... $2,800,000 settlement. The plaintiff, a woman of Chinese descent, became pregnant and was transferred to the care of the defendant obstetrician/gynecologist. At approximately six weeks of pregnancy, the defendant performed a CBC, which...

Verdicts & Settlements July 6, 2009: Woman with history of medical maladies found dead.
July 6, 2009... $500,000 settlement. The plaintiff, a 54-year-old married telemarketer with no children, had a medical history that included obesity, 45 years of smoking, diabetes and Turner's syndrome. The plaintiff made four visits to her PCP...

Verdicts & Settlements July 6, 2009; Complications occur during surgery; woman dies.
July 6, 2009... Byline: Massachusetts Lawyers Weekly Staff $2,000,000 settlement. A 61-year-old female underwent spinal surgery in 2005 to correct debilitating back pain due to scoliosis. During the surgery, the patient suffered massive blood loss and...

Verdicts & Settlements July 6, 2009: Patient injures veterbrae in bed fall as nurse changes sheets.
July 6, 2009... $600,000 settlement. The plaintiff was recovering from back surgery to correct kyphosis, a curvature of the spine. Five days after the operation, as the defendant nurse was attempting to change the patient's bed linens, he fell to the...

Verdicts & Settlements July 26, 2009: Mass. highway worker hit on head by 70-pound sign.
July 6, 2009... Byline: Massachusetts Lawyers Weekly Staff $175,000 settlement. On June 24, 2005, a Massachusetts Highway Department employee was on the job when a 70-pound sign broke off and hit him on the head. The worker suffered a left hemispheric...

Commentary: how is your practice going? Ask your clients.
July 6, 2009... Byline: Edward Poll Not enough law firms ask their clients, "How are we doing?" As a result, many lawyers unfortunately never figure out that their client is unhappy. If they do not hear from a client after completing a matter, they...

Commentary: write on: taking your case analysis to the next level.
July 6, 2009... Byline: Geraldine Griffin Write On provides guidance for attorneys on writing legal memoranda and briefs. Very early in law school we are taught the doctrine of stare decisis. We learn that when a court is faced with a particular issue...

Commentary: Mass. Appeals Court finds new grounds for waiver of attorney-client privilege.
July 6, 2009... Byline: Robert J. Muldoon Jr. In Zabin v. Picciotto, the Appeals Court put forth a new basis for waiver of the attorney-client privilege that may surprise many lawyers. After noting that there are "no Massachusetts decisions on point," the...

Commentary: new Massachusetts UPC is benefit to attorneys but burden to families.(Uniform Probate Code)
July 6, 2009... Byline: John L. Mason Jr. If lawyers occasionally wonder why the public holds us in such low esteem, they need not look any further than the provisions of the new Massachusetts Uniform Probate Code, effective July 1. This is a bill written...