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Commentary: An 'Anniversary' Case Fee?
June 2, 2003... Byline: Massachusetts Lawyers Weekly Staff
There is a House of Representatives proposal that calls for the implementation of an "anniversary fee" on all civil cases pending in the District and Superior court departments.
The new fee...
Supreme Judicial Court Clerks: The Court's Unseen 'Support Staff'.
June 2, 2003... Byline: Bainbridge D. Testa
In 1875, Supreme Judicial Court Chief Justice Horace Gray became the first judge in the United States to recruit a recently graduated law student for a law clerk.
Since then, SJC law clerks have dutifully...
Former Massachusetts Politician L. Scott Harshbarger Returns To Lawyering.
June 2, 2003... Byline: Massachusetts Lawyers Weekly Staff
He was a district attorney, the state's attorney general, and at one point was on the precipice of the governor's office.
Now he's a lawyer like the rest of us with a quiet office, a phone and...
Massachusetts Court of Appeals Case Summaries: June 2, 2003.
June 2, 2003... 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...
U.S. Magistrate Judge Case Summaries: June 2, 2003.
June 2, 2003... Byline: Massachusetts Lawyers Weekly Staff
Civil Rights
Handicap Discrimination - Bar Exam - Accommodation
Where a plaintiff, who twice unsuccessfully took the Massachusetts bar exam, has filed suit charging the defendant...
Verdicts & Settlements June 2, 2003: Lead poisoning in child results in $237,500 settlement.
June 2, 2003... Byline: Massachusetts Lawyers Weekly Staff
$237,500 Settlement
This was a childhood lead poisoning case. The plaintiff, who was born on Dec. 12, 1988, was reportedly lead-poisoned in 1994 while living at two different properties. His...
Verdicts & Settlements June 2, 2003: Breast Cancer Goes Undiagnosed And Leads To $400K Settlement.
June 2, 2003... Byline: Massachusetts Lawyers Weekly Staff
The plaintiff, a 49-year-old woman, saw her gynecologist (defendant #1) for an annual visit on June 14, 1996. During the examination the defendant palpated a 2.5-centimeter lump on the plaintiff's...
Verdicts and Settlements June 2, 2003: Plaintiff Gets $1.8M Verdict In Med-Mal Suit.
June 2, 2003... Byline: John Cunningham
Medical-malpractice lawyers for plaintiffs often lament defendants losing key medical records, but one local lawyer recently turned that problem to his client's advantage and obtained a jury verdict for $1.8 million...
Massachusetts Governor Signs Bills.
June 2, 2003... 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...
Boston lawyer facilitates interaction between Israel technology firm and local business leaders.
June 2, 2003... Byline: Massachusetts Lawyers Weekly Staff
What do three software companies, a biotech company and a baby food manufacturer -- all from Israel -- have in common with local stalwarts such as Analog Devices, EMC, Kronos, Staples and Cognex?...
Stage Names: Boston Chapter of the Federalist Society sponsors reading of "Macbeth".
June 2, 2003... Byline: Massachusetts Lawyers Weekly Staff
Is this a judge I see before me? Or a thespian wannabe? Recently the Boston Chapter of the Federalist Society sponsored a reading of Shakespeare's "Macbeth" at the Shubert Theater, followed by a...
Dying To Get In To Boston's Abstract Club.
June 2, 2003... Byline: Massachusetts Lawyers Weekly Staff
What's the first rule of Abstract Club? You don't talk about Abstract Club.
All kidding aside, while the Abstract Club may not be as secretive (or, hopefully, as violent) as the fictional...
Massachusetts Land Court Case Summaries: June 2, 2003.
June 2, 2003... Byline: Massachusetts Lawyers Weekly Staff
Real Property
Building Permit - Undersized Lot
Where a building commissioner granted certain defendants a permit allowing construction on an undersized lot, the building commissioner...
Massachusetts Bar Assocation Ethics Committee Case Summaries: June 2, 2003.
June 2, 2003... Byline: Massachusetts Lawyers Weekly Staff
Attorneys
Client Advertisement - Rules 3.6 And 8.4(a)
Where an attorney drafts an advertisement concerning a pending lawsuit for a client to place in a newspaper under the client's own...
Massachusetts Supreme Judicial Court Case Summaries: June 2, 2003.
June 2, 2003... Byline: Massachusetts Lawyers Weekly Staff
Evidence
Fresh Complaint - Sexual Assaults
Where the defendant, following a jury-waived trial, was convicted on 10 indictments charging sexual assault, the convictions should be affirmed,...
U.S. Court of Appeals 1st Circuit Case Summaries: June 2, 2003.
June 2, 2003... Byline: Massachusetts Lawyers Weekly Staff
Bankruptcy
Divorce - Dischargeability
Where a bankruptcy judge deemed two of a divorced debtor's obligations to his ex-wife to be in the nature of alimony or support rather than property...
U.S. District Court Judge Rules Plaintiff Must Prove Underlying Claim.
June 2, 2003... Byline: John O. Cunningham
Where expert witnesses in a medical-malpractice claim stated that liability was "reasonably clear," two plaintiffs could proceed with an action against an insurance company for non-payment without first proving...
Massachusetts Ethics Panel Rules Lawyer May Take Case Vs. Town Official.
June 2, 2003... Byline: Jason M. Scally
A municipal attorney who accompanied a town department head to a deposition could also later represent the town against that department head in a subsequent lawsuit, according to an advisory opinion recently issued...
Massachusetts District Court Judge Rules Urine Test For OUI Suspect Improper.
June 2, 2003... Byline: Sean F.W.J. Fowler
A police officer may not request a urine sample from a drunk-driving suspect without first informing the suspect of his rights, a District Court judge has ruled.
The defendant argued that when he was asked...
Massachusetts Lawyers In The News: June 2, 2003.
June 2, 2003... Byline: Massachusetts Lawyers Weekly Staff
New Associations
Mary T. Marshall has joined the real estate group at Ropes & Gray in Boston as counsel. She will focus her practice on land use, zoning, permitting and environmental matters....
Verdicts & Settlements June 2, 2003: Ma. jury rules for defense in auto crash suit.
June 2, 2003... Byline: Massachusetts Lawyers Weekly Staff
The plaintiff testified that while she was traveling on Hancock Street in Everett, the defendant traveled through a red traffic light at the intersection of Hancock and Walnut streets and struck...
Verdicts & Settlements June 2, 2003: Auto negligence suit settles for $500K.
June 2, 2003... Byline: Massachusetts Lawyers Weekly Staff
On July 10, 2000, the newly licensed, 16-year-old plaintiff was stopped waiting to take a left turn in Franklin when her car was struck from behind by a tow truck and pushed into an oncoming van....
Verdicts & Settlements June 2, 2003:Insurance Company Settles For Full Policy Limit In Only 60 Days.
June 2, 2003... Byline: Massachusetts Lawyers Weekly Staff
The minor plaintiff was involved in a serious, one-car accident on Jan. 25, 2002. The plaintiff suffered a commuted fracture to the left femur, which required extensive surgery involving attaching...
Verdicts & Settlements June 2, 2003: Cancer Misdiagnosis Results In $465K Settlement.
June 2, 2003... Byline: Massachusetts Lawyers Weekly Staff
The plaintiff, a 40-year-old woman, was seen by the defendant, her primary care physician, for a regularly scheduled visit on March 2, 1999. At that visit the plaintiff complained of a change in...
Massachusetts Board of Bar Overseers Admonitions: June 2, 2003.
June 2, 2003... Byline: Massachusetts Lawyers Weekly Staff
SJC No. 2001-059BD IN RE: RICHARD C. ARRIGHI
SJC No. 2001-059BD IN RE: RICHARD C. ARRIGHI
Last known address:
149 Mendon Road
Attleboro, MA 02703
S.J.C. Judgment of...
Lawyers Weekly Online Forum Debates Fee On 'Slow' Cases.
June 2, 2003... Byline: Massachusetts Lawyers Weekly Staff
A legislative proposal to charge litigants a fee for civil cases that languish in the courts for more than a year (see "Bar Decries Plan For Fee On 'Slow' Civil Cases," May 12, and editorial, page...
Indictment based solely on DNA evidence first of its kind in Massachusetts.
June 2, 2003... Byline: Massachusetts Lawyers Weekly Staff
This here is a warning to all those John Does out there. We know who you are and we've got your DNA.
Well, we don't personally have it, but the Hampden County District Attorney's Office does,...
Massachusetts District Court Case Summaries: June 2, 2003.
June 2, 2003... Byline: Massachusetts Lawyers Weekly Staff
Search And Seizure
Urine Sample - Consent
Where a criminal defendant has moved to suppress a urine sample he provided to the police while under arrest at a police station, I hold that the...
Labor Relations Commission Case Summaries: June 2, 2003.
June 2, 2003... Byline: Massachusetts Lawyers Weekly Staff
Labor
Union Grievances - City's Duty To Hand Over Information
Where the city of Somerville has refused to provide information requested by the Somerville Municipal Employees Association...
U.S. District Court Case Summaries: June 2, 2003.
June 2, 2003... Byline: Massachusetts Lawyers Weekly Staff
Insurance
Unfair Claim Settlement Practices - No Finding Of Liability On Part Of Policyholder
Where plaintiffs have filed suit charging the defendant insurance company with violating...
U.S. Supreme Court Case Summaries: June 2, 2003.
June 2, 2003... Byline: Massachusetts Lawyers Weekly Staff
Civil Rights
Police Questioning - Substantive Due Process
A police officer's questioning of a suspect while he was seriously injured did not violate his constitutional rights and cannot...
Verdicts & Settlements June 2, 2003: Negligence and Tort Case Arbitrates For $175K.
June 2, 2003... Byline: Massachusetts Lawyers Weekly Staff
On Nov. 6, 1997, the plaintiff, a 52-year-old letter carrier, visited the defendant's 25-room home on High Street in Dedham to deliver mail. As the plaintiff attempted to open the large wood and...
Commentary: Forcing The Charity Cap Issue.
June 9, 2003... Byline: Massachusetts Lawyers Weekly Staff Editorial
Lawyers have long lamented the outdated nature of the state's charitable immunity law, but now the Supreme Judicial Court is forcing the issue.
Last month the SJC decided the case of...
Powers Of Suggestion: Lawyers agree to be hypnotized at Hampden County Bar Assn. event.
June 9, 2003... Byline: Massachusetts Lawyers Weekly Staff
Usually, when 12 people are empanelled for a performance, it has something to do with a trial.
But at last month's annual golf outing and dinner for the Hampden County Bar Association, a dozen...
Arbitration Clause Doesn't Cover Debt-Collection Case, Rules Mass. Superior Court Judge.
June 9, 2003... Byline: John O. Cunningham
A construction company looking to collect a debt was not bound by an arbitration provision in the construction-management agreement where a subsequently executed promissory note did not mandate arbitration, a...
Ice Slip At Hospital Is Covered By Charity Cap, Rules Mass. Supreme Judicial Court.
June 9, 2003... Byline: Sean F.W.J. Fowler
A plaintiff who slipped on ice in a parking lot owned by a hospital could not collect more than the $20,000 charitable-immunity limit -- even though the hospital was part of a for-profit corporate structure, the...
U.S. Bankruptcy Appellate Panel Case Summaries: June 9, 2003.
June 9, 2003... Byline: Massachusetts Lawyers Weekly Staff
Bankruptcy
Jurisdiction - Appeal
Where a bankruptcy court's decision to dismiss a Chapter 11 case has been appealed, the appeals must be dismissed for lack of jurisdiction.
"Before...
Mass. Dept. of Environmental Protection Case Summaries: June 9, 2003.
June 9, 2003... Byline: Massachusetts Lawyers Weekly Staff
Environmental
Wetlands Permit - Alternatives Analysis
Where the Department of Environmental Protection awarded a wetlands permit for a real estate project in a riverfront area, a remand...
U.S. District Court Case Summaries: June 9, 2003.
June 9, 2003... Byline: Massachusetts Lawyers Weekly Staff
Attorneys
Fees - IDEA - Prevailing Party - Settlement
Where a plaintiff's suit against the defendant Boston Public Schools under the Individuals with Disabilities Act was settled prior to...
U.S. Supreme Court Case Summaries: June 9, 2003.
June 9, 2003... Byline: Massachusetts Lawyers Weekly Staff
Arbitration
Debt- Restructuring Agreement
An arbitration provision in a debt-restructuring agreement is enforceable under the Federal Arbitration Act because the agreement sufficiently...
Verdicts & Settlements June 9, 2003: Passenger Falls After Boarding Moving Commuter Train.
June 9, 2003... Byline: Massachusetts Lawyers Weekly Staff
Defense Verdict
On June 3, 1999, the plaintiff was at the Back Bay Commuter Rail Station in Boston at approximately 7:15 p.m., attempting to board the 7:10 p.m. train from South Station to...
Verdicts & Settlements June 9, 2003: Lead-Paint Poisoning Causing Learning Disorders.
June 9, 2003... Byline: Massachusetts Lawyers Weekly Staff
$225,000 Settlement
This action was a lead-paint poisoning case against the landlords of a minor plaintiff with claims for violation of G.L.c. 111, Sect. 199 (the lead-paint poisoning...
Jammin' For Justice annual fundraiser in Boston raises money for environmental justice group.
June 9, 2003... Byline: Massachusetts Lawyers Weekly Staff
When the folks at Alternatives for Community & Environment planned a salsa event for lawyers, they didn't mean the kind that goes on chips.
You were supposed to dance!
But apparently the...
Jobs Well Done: Trial Court Employee Excellence Awards Announced.
June 9, 2003... Byline: Massachusetts Lawyers Weekly Staff
With all the talk of the courts being inadequately funded and understaffed, here's a brief respite from the gloom and doom.
The Trial Court recently announced its 2003 Trial Court Employee...
Mass. Land Courts Case Summaries: June 9, 2003.
June 9, 2003... Byline: Massachusetts Lawyers Weekly Staff
Real Property
Water Easement
Where a plaintiff seeks to exercise certain rights she alleges she possesses pursuant to a water easement, I find that the plaintiff has the right to replace...
Mass. Commission Against Discrimination Case Summaries: June 9, 2003.
June 9, 2003... Byline: Massachusetts Lawyers Weekly Staff
Employment
Sex Discrimination - Harassment - MBTA
Where a complainant employee was subjected to sexual harassment and gender discrimination in the workplace, the respondent employer should...
Mass. Supreme Judicial Court Case Summaries: June 9, 2003.
June 9, 2003... Byline: Massachusetts Lawyers Weekly Staff
Criminal
Indecent Assault And Battery - Hospital Record
Where a defendant has been convicted of both (1) indecent assault and battery on a person over the age of 14 and (2) assault and...
Mass. Superior Courts Case Summaries: June 9, 2003.
June 9, 2003... Byline: Massachusetts Lawyers Weekly Staff
Arbitration
Promissory Note - Construction Management Agreement
Where a dispute has arisen regarding a promissory note which does not contain an arbitration clause, I find that the...
Q&A With Judge Allen G. Swan - Ipswich District Court.
June 9, 2003... Byline: Massachusetts Lawyers Weekly Staff
When Gov. Mitt Romney recommended closing eight courts earlier this year as a cost-cutting measure, there was an outpouring of support for at least one of the victims -- Ipswich District Court....
Mass. Lawyers in the News: June 9, 2003.
June 9, 2003... Byline: Massachusetts Lawyers Weekly Staff
NewsMakers
New Associations
Sean T. Carnathan has joined Rubin, Hay & Gould in Framingham as a principal. He practices in the areas of commercial and business litigation. Prior to joining...
Boston sole practitioner Samuel B. Moskowitz joins Davis, Malm & D'Agostine.
June 9, 2003... Byline: Massachusetts Lawyers Weekly Staff
Samuel B. Moskowitz, a longtime sole practitioner in Boston, has joined Davis, Malm & D'Agostine in the land use and real estate, litigation and closely held business groups.
Moskowitz calls...
Mass. District Court Appellate Division Case Summaries: June 9, 2003.
June 9, 2003... Byline: Massachusetts Lawyers Weekly Staff
Civil Practice
False Averments In Prior Case
Where a plaintiff, whose complaint against the defendant following a traffic accident was ordered dismissed, filed a second action alleging...
Mass. Appeals Court Case Summaries: June 9, 2003.
June 9, 2003... 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...
Commentary: Step Right Up! Become A Judge!
June 9, 2003... Byline: David L. Yas
Hi everyone, Mitt Romney here, governor of Massachusetts.
You may have heard that we're having a little trouble getting attorneys to apply for judgeships. Twenty-three vacancies, and only 47 applications. So I'm...
Verdicts & Settlements June 9, 2003: Failure To Diagnose Anemia.
June 9, 2003... Byline: Massachusetts Lawyers Weekly Staff
$1.25 Million Settlement
On several occasions in 1991, the 64-year-old plaintiff's decedent presented to the defendant primary care physician for physical examinations and blood tests. Results...
Verdicts & Settlements June 9, 2003: Rear-End Collision Involves Multiple Motor Vehicles.
June 9, 2003... Byline: Massachusetts Lawyers Weekly Staff
$11,682 Verdict (Against One Defendant); Defense Verdict (For Two Others)
The plaintiff, a mental health worker, was driving a client on a therapeutic shopping trip and stopped to make a left...
Verdicts & Settlements June 9, 2003: Doctor Fails To Diagnose Colon Cancer.
June 9, 2003... Byline: Massachusetts Lawyers Weekly Staff
$1.25 Million Settlement
On several occasions in 1991, the 64-year-old plaintiff's decedent presented to the defendant primary care physician for physical examinations and blood tests. Results...
Verdicts & Settlements June 9, 2003: Disc Infection Is Misdiagnosed As Osteoporosis.
June 9, 2003... Byline: Massachusetts Lawyers Weekly Staff
$60,000 Settlement
The plaintiff presented this case to the plaintiff's attorney as the statute of limitations was about to run out. The case was referred to three medical-malpractice firms,...
Massachusetts Board of Bar Overseers Admonitions: June 9, 2003.
June 9, 2003... Byline: Massachusetts Lawyers Weekly Staff
ADMONITION NO. 03-26
The respondent represented two brothers in probating the will of their father, who died in February 1996. The will left a life estate in the family home, the father's...
Taking A Spin Through Unconventional Ways To Use A Law Degree.
June 9, 2003... Byline: Jeanne Greeley
Fold its edges carefully, shape it into a paper airplane and let it fly. Crumple it up and take aim for the nearest garbage can. Fashion it into an old newspaperman's hat.
With the Massachusetts legal job market...
Commercial Tenant Facing Eviction Can't Counterclaim, Rules Mass. Supreme Judicial Court.
June 9, 2003... Byline: Massachusetts Lawyers Weekly Staff
A commercial tenant being evicted for nonpayment of rent could not bring a counterclaim against the landlord in a summary process action, the Supreme Judicial Court has ruled.
The tenant...
Woman Can Get Alimony From Estate Of Ex-Spouse, Rules Mass. Appeals Court.
June 9, 2003... Byline: Jason M. Scally
A woman could collect alimony payments from her ex-husband's estate as long as she remains unmarried and alive, the Appeals Court has ruled.
A Superior Court judge had ruled that the alimony payments should not...
Mass. District Courts Case Summaries: June 9, 2003.
June 9, 2003... Byline: Massachusetts Lawyers Weekly Staff
Negligence
Restaurant - Expert Opinion
Where a plaintiff customer has filed a negligence action against a defendant restaurant, charging the restaurant with failing (1) to use reasonable...
Mass. Dept. of Industrial Accidents Case Summaries: June 9, 2003.
June 9, 2003... Byline: Massachusetts Lawyers Weekly Staff
Workers' Compensation
Chronic Pain Condition - Expert's Opinion
Where an administrative judge has denied an employee's claim for workers' compensation benefits for a chronic pain condition...
1st U.S. Circuit Court of Appeals Case Summaries: June 9, 2003.
June 9, 2003... Byline: Massachusetts Lawyers Weekly Staff
Civil Practice
Dismissal - Discovery - Noncompliance With Court Order
Where a plaintiff's complaint was dismissed for failure to comply with a court order requiring him to submit to a...
U.S. Magistrate Judges Case Summaries: June 9, 2003.
June 9, 2003... Byline: Massachusetts Lawyers Weekly Staff
Social Services
SSI Benefits - Residual Functional Capacity
Where the defendant Commissioner of the Social Security Administration has denied Supplemental Security Income benefits to a...
Verdicts & Settlements June 9, 2003: Breast Abnormality Never Biopsied.
June 9, 2003... Byline: Massachusetts Lawyers Weekly Staff
$2 Million Settlement
In July 1993, the plaintiff's decedent was examined by her gynecologist, who discovered a pelvic mass and an indentation under her left breast. A CT scan revealed two...
Verdicts & Settlements June 9, 2003: Treacherous Roads Blamed For Two-Car Collision.
June 9, 2003... Byline: Massachusetts Lawyers Weekly Staff
Defense Verdict
The defendant, on an icy winter night in Pittsfield, reportedly lost control of her vehicle and slid perpendicularly across the plaintiff's lane of traffic, causing two...
Massachusetts Board of Bar Overseers Admonitions Case Summaries: June 16, 2003.
June 16, 2003... Byline: Massachusetts Lawyers Weekly Staff
SJC BD-2003-020 IN RE: KATHLEEN J. WOOD
SJC BD-2003-020
IN RE: KATHLEEN J. WOOD
Last known address:
8 Bourne Street
Plymouth, MA 02360
Order of Immediate Administrative...
Commentary: 10 Ways To Reciprocate In Networking.
June 16, 2003... Byline: Stephen Seckler
I spend a lot of my professional time giving out advice about networking. I frequently talk to experienced lawyers about using networking as a business development tool. Every day, I coach lawyers about using...
Commentary: The Future Of The Boston Municipal Court.
June 16, 2003... Byline: Massachusetts Lawyers Weekly Staff
Gov. Mitt Romney has proposed abolishing the Boston Municipal Court and consolidating its business into the District Court Department. The House of Representatives has, in turn, responded by...
Visa Victory For Boston Immigration Attorney, Boston-Based Volunteer Organization.
June 16, 2003... Byline: Massachusetts Lawyers Weekly Staff
What do a Polish boys choir, an immigration attorney and a Boston-based volunteer organization have in common?
No, it's not the beginning of a bad Polish joke, but rather a tale of how a...
Less Is More: 3 attorneys form intellectual property firm focusing in Cambridge.
June 16, 2003... Byline: Massachusetts Lawyers Weekly Staff
Attorneys Matthew B. Lowrie, Peter C. Lando and John N. Anastasi are going where other firms fear to tread.
"Working with the pressure of increasing mandatory billable hours is a treadmill,...
Regal Reunion: Delta Kappa Epsilon's 35th reunion celebration at the White House.
June 16, 2003... Byline: Massachusetts Lawyers Weekly Staff
There were no togas. No keg stands. No devilishly devised plots to overthrow the administration. Just the president of the United States and a mere thousand guests roaming the halls of the White...
Commentary: Film Review: The Ties That Don't Bind.(Movie review)
June 16, 2003... Byline: Jeanne Greeley
This is a film review where the ending of the movie can't possibly be spoiled. We could tell you the characters in the film were guilty of their crimes. We could tell you they were innocent. We could tell you they...
Notice Regarding Electronic Filing For The U.S. District Court For The District of Mass.(Public notice)
June 16, 2003... Byline: Massachusetts Lawyers Weekly Staff
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
PUBLIC NOTICE REGARDINGFILING OF DOCUMENTS
The docketing and case management system for the U.S. District Court for the District...
At Long Last, Mass. Appeals Court Backlog Is Disappearing.
June 16, 2003... Byline: John O. Cunningham
Attorneys who have long complained about delays in the Appeals Court are finally seeing improvements in the time it takes to hear a case and render a decision, and officials say the court's backlog may be...
Mass. Lawyers In The News: June 16, 2003.
June 16, 2003... Byline: Massachusetts Lawyers Weekly Staff
NewsMakers
New Associations
Donoghue, Barrett & Singal in Boston has hired Christopher J. Supple as a partner and Diane Bissonnette Moes as of counsel. Supple, who was previously with...
Mass. Court of Appeals Case Summaries: June 16, 2003.
June 16, 2003... 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. District Court Case Summaries: June 16, 2003.(Brief article)
June 16, 2003... Byline: Massachusetts Lawyers Weekly Staff
Criminal
New Trial Motion - Outdated Waiver Form
Even though a printed jury trial waiver form which was given by the relevant clerk to counsel, signed by a stalking defendant and endorsed...
Mass. Deptartment Of Industrial Accidents Case Summaries: June 16, 2003.
June 16, 2003... Byline: Massachusetts Lawyers Weekly Staff
Workers' Compensation
Erroneous Award - Sect. 34A Benefits
Where an injured employee sought only temporary total incapacity benefits under G.L.c. 34, an administrative judge erred in...
Mass. Land Court Case Summaries: June 16, 2003.
June 16, 2003... Byline: Massachusetts Lawyers Weekly Staff
Real Property
Water Easement
Where a plaintiff seeks to exercise certain rights she alleges she possesses pursuant to a water easement, I find that the plaintiff has the right to replace...
Mass. Commission Against Discrimination Case Summaries: June 16, 2003.(Brief article)
June 16, 2003... Byline: Massachusetts Lawyers Weekly Staff
Employment
Retaliatory Discharge Claim
Where the complainant, a Hispanic maintenance employee, alleges that the respondent employer terminated him illegally in retaliation for his filing...
Mass. Probate Court Case Summaries: June 16, 2003.
June 16, 2003... Byline: Massachusetts Lawyers Weekly Staff
Civil Rights
Medication - Extension Order
Where the respondent, a ward who has been diagnosed as schizophrenic, has objected to the petitioner hospital's motion for an extension of an...