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Massachusetts Lawyers Weekly articles from March 2003

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Massachusetts Lawyers Weekly archives from March 2003

The roots of 'Gideon': right to counsel was born in Mass. six years prior to Gideon.
March 3, 2003... Byline: Jeanne Greeley Gideon v. Wainwright. Most lawyers are familiar with the watershed case in which the U.S. Supreme Court -- 40 years ago this month -- first established the right to counsel in criminal cases. But few may...

Lawyers laud web system at registry in Hampden County.
March 3, 2003... Byline: John Cunningham Real estate lawyers in Hampden County say that a recently expanded, web-powered Registry of Deeds system is making transaction times faster and helping attorneys make their practices more profitable. Richard A....

Mass. Superior Court rules landowners barred from building 'bigger' residence.
March 3, 2003... Byline: Bainbridge D. Testa Landowners could not build a single-family residence larger than zoning regulations would permit -- even though they purchased the land before the zoning law was amended, a Superior Court judge has ruled. ...

Mass. Court of Appeals rules firm liable under 93A for freezing client's fund.
March 3, 2003... Byline: John O. Cunningham A law firm was liable for damages under Chapter 93A where it froze its client's escrowed loan funds in order to satisfy attorneys' fees due to the firm, the Appeals Court has ruled. The defendant lawyers...

Commentary: law firm slogans: just sue it?
March 3, 2003... Byline: David L. Yas Like a rock. You deserve a break today. Just do it. Slogans sell. Sometimes cars, sometimes burgers, sometimes sneakers. Now, it seems, they are selling Massachusetts law firms. That's right; many law...

Higher Mass. estate tax poses hurdles for lawyers.
March 10, 2003... Byline: Bainbridge D. Testa A recent statutory amendment will cause the state's estate tax to go up in the coming years, prompting lawyers to steer their clients toward tax-friendly devices like QTIP trusts, while the soft economy has many...

Mass. Superior Court rules insurance co. may be sued for failing to negotiate.
March 10, 2003... Byline: Jason Scally Plaintiffs in a medical-malpractice case could sue an insurance company for failure to negotiate -- even though a jury found against the plaintiffs in the underlying med-mal lawsuit, a Superior Court judge has held....

Robert P. Bigelow: pioneering Boston attorney helped to shape computer law.(Interview)
March 10, 2003... Byline: Paul D. Boynton Imagine this scenario. A corporate client poses a business problem and wants a legal solution fast. But there's no caselaw, no statute, and little if any guidance from treatises to help you. Panic city? ...

Commentary: the real story of the trust protector.(Massachusetts)
March 10, 2003... Byline: Alexander A. Bove Jr. and Melissa Langa The unprecedented popularity of the use of trust protectors motivated the authors to share some of this important information, if for no other reason than to dispel the popular belief that a...

Mass. courts in disarray; are changes truly feasible?
March 10, 2003... Byline: Jason M. Scally Court and bar leaders seem to agree with a blue ribbon committee that last week issued a lengthy report concluding that Massachusetts courts are in disarray -- but some said more attorney input and more money for...

The future of bar advocate work for Mass.
March 10, 2003... Byline: Bainbridge D. Testa Last May, shortly after a legislative committee proposed a $5 per hour reduction of the meager $30 hourly fee paid to District Court bar advocates, the Hampden County Juvenile Court bar advocates had had enough....

1st U.S. Circuit Court of Appeals Case Summaries: March 17, 2003.
March 17, 2003... Byline: Massachusetts Lawyers Weekly Staff Constitutional 11h Amendment Immunity Where the defendant Puerto Rico and the Caribbean Cardiovascular Center Corp. moved to dismiss a complaint filed by a plaintiff corporation, the...

U.S. District Court Case Summaries: March 17, 2003.
March 17, 2003... Byline: Massachusetts Lawyers Weekly Staff Administrative Fishing - Civil Penalty Where a plaintiff fisherman seeks judicial review of a civil penalty imposed upon him for fishing in a prohibited area, the suit must fail, as the...

U.S. Bankruptcy Court Case Summaries: March 17, 2003.(Brief article)
March 17, 2003... Byline: Massachusetts Lawyers Weekly Staff Bankruptcy Private School Tuition - Summary Judgment Where a U.S. Bankruptcy Court judge entered a summary judgment holding that sums owed by the debtor to his ex-wife, under a...

Verdicts & Settlements March 17, 2003: Failure To Properly Treat Popliteal Aneurysm.
March 17, 2003... Byline: Massachusetts Lawyers Weekly Staff On Dec. 9, 1996, the plaintiff presented to the defendant primary care physician with pain in his right knee. Upon examination, the plaintiff was referred to the defendant orthopedic specialist on...

Verdicts & Settlements March 17, 2003: Negligence & Tort.(Brief article)
March 17, 2003... Byline: Massachusetts Lawyers Weekly Staff Injuries alleged: Herniated discs Name of case: Leahy v. S. A. Healy/Modern Continental Co. Court/case #: Suffolk Superior Court, No. 00-0381H Tried before judge or...

Verdicts & Settlements March 17, 2003: Negligence & Tort.
March 17, 2003... Byline: Massachusetts Lawyers Weekly Staff Injuries alleged: Three fractured ribs, collapsed lung, disc herniation Name of case: Withheld Court/case #: Plymouth Superior Court, No. 00-01304A Tried before judge or...

Verdicts & Settlements March 17, 2003: Tractor-Trailer Parked In Roadway -- No Hazard Warning Devices.
March 17, 2003... Byline: Massachusetts Lawyers Weekly Staff On Dec. 25, 1998, the 38-year-old plaintiff's decedent, a divorced mother of three, was driving home from her parents' house with her three children when her Ford Explorer collided into the rear of...

Verdicts & Settlements March 17, 2003: Patient Using Walker Falls.
March 17, 2003... Byline: Massachusetts Lawyers Weekly Staff In October 1999, the 89-year-old plaintiff's decedent came to the defendant nursing home for rehabilitation services as a result of a wrist fracture from earlier that month and a hip fracture in...

Verdicts & Settlements March 17, 2003: Clam Boat -- Defective Unloading Crane.
March 17, 2003... Byline: Massachusetts Lawyers Weekly Staff On March 9, 2000, at approximately 5 p.m., the 28-year-old plaintiff was a crew member of the F/V JOHN N, a clam boat owned by defendant #1. The vessel was unloading at the dock owned and operated...

Verdicts & Settlements March 17, 2003: Negligence & Tort.(Brief article)
March 17, 2003... Byline: Massachusetts Lawyers Weekly Staff Injuries alleged: Death Name of case: Withheld Court/case #: Sept. 11 Victim Compensation Fund, No. 212-000307 Tried before judge or jury: N/A (settled) Name...

Verdicts & Settlements March 17, 2003: Dog Bite.(Brief article)
March 17, 2003... Byline: Massachusetts Lawyers Weekly Staff On April 21, 2001, the minor plaintiff was injured when he was bitten in the face by a dog. As a result of the dog bite, the plaintiff suffered severe lacerations to his cheek and nose. Following...

Verdicts & Settlements March 17, 2003: Negligence & Tort.
March 17, 2003... Byline: Massachusetts Lawyers Weekly Staff Injuries alleged: Paraplegia, T7 burst vertebra, spinal chord compression, closed head injury Name of case: Paquin, et al. v. MRW, Inc., d/b/a/ Hotel Barre Court/case #: ...

Mass. Court of Appeals Case Summaries: March 17, 2003.
March 17, 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. Supreme Judicial Court Case Summaries: March 17, 2003.
March 17, 2003... Byline: Massachusetts Lawyers Weekly Staff Appeals Mandamus - Interlocutory Appeal Where (1) a petitioner's motions to dismiss misdemeanor charges in District Court were denied and (2) he then filed a petition for a writ of...

Mass. Superior Court Case Summaries: March 17, 2003.
March 17, 2003... Byline: Massachusetts Lawyers Weekly Staff Arbitration Lease - Federal Preemption Where a plaintiff tenant seeks to stay arbitration of his dispute with the defendant landlord regarding whether the landlord failed to accommodate...

U.S. Supreme Court Case Summaries: March 17, 2003.
March 17, 2003... Byline: Massachusetts Lawyers Weekly Staff Administrative Sex Offender Registry - Hearing A state law requiring identifying information and descriptions of convicted sex offenders to be posted in a central registry without...

Mass. Land Court Case Summaries: March 17, 2003.
March 17, 2003... Byline: Massachusetts Lawyers Weekly Staff Civil Practice Civil Contempt - Fees And Costs Where a defendant has been found in civil contempt for violating the terms of a preliminary injunction, the plaintiffs will be awarded...

Mass. Department of Environmental Protection Case Summaries: March 17, 2003.
March 17, 2003... Byline: Massachusetts Lawyers Weekly Staff Environmental Historic Mill Exemption Where the Department of Environmental Protection and an applicant seeking to construct a multi-use project in Andover have moved for a directed...

Mass. Department of Industrial Accidents Case Summaries: March 17, 2003.
March 17, 2003... Byline: Massachusetts Lawyers Weekly Staff Workers' Compensation Extent Of Incapacity - Bus Driver Where a bus driver who suffered a work-related wrist injury was awarded total incapacity benefits, the decision must be recommitted...

Interview With Mass. Judge Nancy M. Gould.(Interview)
March 17, 2003... Byline: Massachusetts Lawyers Weekly Staff A staunch supporter of legal services, Judge Nancy M. Gould laid the foundation for the "Lawyer for a Day" program to address the growing problem of lack of representation that she saw in the...

Interview with Boston-based Bingham McCutchen partner John R. Snyder.(Interview)
March 17, 2003... Byline: Massachusetts Lawyers Weekly Staff Last December, a Superior Court jury returned an $8.66 million verdict against Benistar, a financial services firm, and Merrill Lynch, the brokerage firm Benistar used to make highly risky...

Boston Attorney David J. Correira: Commitment To Care.
March 17, 2003... Byline: Massachusetts Lawyers Weekly Staff Thousands of elderly and disabled Medicaid applicants owe Boston attorney David J. Correira a big thanks for getting them benefits that were previously denied. Correira worked on the case pro...

Retired Dedham Attorney Ann W. Lake Dies At 83.(Obituary)(Brief article)
March 17, 2003... Byline: Massachusetts Lawyers Weekly Staff Ann W. Lake Longtime Dedham resident Ann W Lake died at her winter home in Wellington, Fla., of natural causes. She was 83. Lake opened her law office as a sole practitioner in 1946,...

Mass. Supreme Judicial Court: Crimes And Bar Discipline.
March 17, 2003... Byline: Massachusetts Lawyers Weekly Staff Last October the Supreme Judicial Court decided a case called In Re: Grella, a somewhat obscure matter that nonetheless covers important questions (and lessons) about the scope of bar discipline....

Commentary: Solicitation Of Co-Workers In A Competing Business.
March 17, 2003... Byline: Thomas P. Gorman The solicitation of a fellow employee to join in a competitive enterprise (referred to here as "employee solicitation") implicates two conflicting policies: on one hand, the policy imposing a duty on an employee...

The following bills have been signed into law by Mass. Gov. Mitt Romney.(Public notice)
March 17, 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...

Commentary: 5th Amendment And Domestic Relations Matters.
March 17, 2003... Byline: Jacob M. Atwood and Erin Moran Shapiro The Fifth Amendment has been revisited in Massachusetts once again. In Lentz v. Metropolitan Property and Casualty Insurance Company, 437 Mass. 23 (2002), the court had the occasion to...

Commentary: Family Law: On The Brink Of Reform?
March 17, 2003... Byline: Sanford M. Portnoy The legal profession offers unlimited possibilities for success. It provides the opportunity to be of service, to intervene in times of crisis and make a real difference in people's lives. But the legal...

Commentary: What You Should Know About Chapter 32 Orders.
March 17, 2003... Byline: Lisa M. Ehrmann As an attorney who drafts many domestic relations orders, I am acutely aware of a really big problem with survivor benefits in a division of a pension under G.L.c. 32, Sect. 12 (Massachusetts government pensions)....

Face To Face: Boston-based Bingham McCutchen partner John R. Snyder.(Interview)
March 17, 2003... Byline: Massachusetts Lawyers Weekly Staff Last December, a Superior Court jury returned an $8.66 million verdict against Benistar, a financial services firm, and Merrill Lynch, the brokerage firm Benistar used to make highly risky...

Last Of Kin: Boston law firm of Schneider Reilly to close.
March 17, 2003... Byline: Massachusetts Lawyers Weekly Staff After more than 40 years in practice, the Boston law firm of Schneider Reilly will close its doors come spring. Schneider Reilly, however, does not join the slew of firms that have recently...

Duped Debtor: Boston Attorney Seeks Other Threatened Debtors.
March 17, 2003... Byline: Massachusetts Lawyers Weekly Staff Hello, Ms. Smith? This is the collection agency." "Yes?" "If you don't pay us the money you owe us we're calling your boyfriend to tell him you've been unfaithful, your priest to tell him...

Notice Of Hearing At Mass. Division Of Insurance.(Public notice)
March 17, 2003... Byline: Massachusetts Lawyers Weekly Staff COMMONWEALTH OF MASSACHUSETTS Office of Consumer Affairs and Business Regulation DIVISION OF INSURANCE One South Station * Boston, MA 02110-2208 (617) 521-7794 * FAX (617)...

Mass. Executuves Tell What CEOs Look For In Lawyers.
March 17, 2003... Byline: John O. Cunningham Business executives are the "plum" clients that lawyers will climb over each other to get. In smaller companies, they often drive decisions to hire law firms, and in larger companies they hire in-house...

1st Circuit: In Copyright Case, Special Jury Charge For Architect.
March 17, 2003... Byline: John O. Cunningham A condominium developer that infringed an architect's copyright by using his plans without permission was entitled to a jury instruction that damages should be apportioned between the value of the infringed plans...

Bar Worried About Suffolk Superior Court Moving To High-Rise.
March 17, 2003... Byline: Bainbridge D. Testa >Lawyers are concerned that a complex plan to move the Suffolk Superior Court to the Pemberton Square high-rise courthouse for a temporary five-year period could hamper court business -- while other attorneys...

1st U.S. Circuit Court of Appeals Rules Company's Re-Design Of Retirement Benefits OK.
March 17, 2003... Byline: Jason M. Scally A corporation did not violate federal employment laws by restructuring its retirement benefits in a way that adversely impacted an older employee, the 1st U.S. Circuit Court of Appeals has ruled. The employee,...

Mass. Court Of Appeals Rules Convict Released If Transcript Not Filed.
March 17, 2003... Byline: Bainbridge D. Testa A convicted criminal defendant was entitled to an order that will grant him release from prison if the state does not produce a transcript of his trial within 60 days, a single justice of the Appeals Court has...

Commentary: A 'Funny' Look At Federal Court.
March 17, 2003... Byline: David L. Yas I was shocked to discover last week that there is a new television program that is not reality-based. I noticed this while flipping channels between "Car Accidents of the Rich and Famous," "Hidden Camera Therapy...

U.S. Magistrate Judges Case Summaries: March 17, 2003.
March 17, 2003... Byline: Massachusetts Lawyers Weekly Staff Civil Practice Discovery - Inadvertent Production Where discovery requests have been filed in a trademark case involving salad dressings associated with a steak house, the discovery...

1st U.S. Circuit Court of Appeals Case Summaries: March 24, 2003.
March 24, 2003... Byline: Massachusetts Lawyers Weekly Staff Civil Practice Petition For Rehearing Where a petition for panel rehearing has been filed in the present case, we conclude that the petition should be granted. "The matter is to be...

U.S. District Court Case Summaries: March 24, 2003.
March 24, 2003... Byline: Massachusetts Lawyers Weekly Staff Arbitration Employment - Severance Agreement Where the defendant, a former employee of the plaintiff company, seeks confirmation of an arbitration award in his favor, the motion should be...

U.S. Bankruptcy Court Case Summaries: March 24, 2003.(Brief article)
March 24, 2003... Byline: Massachusetts Lawyers Weekly Staff Bankruptcy Judicial Lien - Avoidance Where a divorced debtor has moved to avoid a judicial lien pursuant to 11 U.S.C. Sect. 522(f), the motion must be denied on the ground that the lien...

Verdicts & Settlements March 24, 2003: Routine Urological Procedure -- Punctured Colon.
March 24, 2003... Byline: Massachusetts Lawyers Weekly Staff This was a medical-malpractice action in which it was alleged that the defendant was negligent in performance of a routine urological procedure. On Nov. 16, 1998, the defendant performed a...

Verdicts & Settlements March 24, 2003: Failure To Perform Timely Caesarean Section.
March 24, 2003... Byline: Massachusetts Lawyers Weekly Staff The minor plaintiff was born on March 6, 1998 (estimated date of confinement: Feb. 24, 1998) by vaginal delivery after the plaintiff mother was allowed to undergo a prolonged 10-hour second stage...

Verdicts & Settlements March 24, 2003: Failure To Diagnose Stroke.
March 24, 2003... Byline: Massachusetts Lawyers Weekly Staff This case involved the death of a 47-year-old man subsequent to a stroke. The defendants were the primary care physician and treating neurologist. The plaintiff's decedent reportedly had symptoms...

Verdicts & Settlements March 24, 2003: Metal Manufacturer -- Contamination Of Property.
March 24, 2003... Byline: Massachusetts Lawyers Weekly Staff In 1969, the local redevelopment authority acquired a 10-acre parcel from the defendants' predecessor ("the defendants"). From 1929 to 1969, the defendants had operated a metal manufacturing...

Verdicts & Settlements March 24, 2003: Frontal Sinusitis -- Failure To Prescribe Antibiotics.
March 24, 2003... Byline: Massachusetts Lawyers Weekly Staff This action arose from treatment rendered by the defendant pediatrician and defendant pediatric resident to the 8-year-old plaintiff in 1998. The minor plaintiff presented with frontal headache,...

Verdicts & Settlements March 24, 2003: Failure To Diagnose Fracture -- Removal Of Wisdom Teeth.
March 24, 2003... Byline: Massachusetts Lawyers Weekly Staff This action arose from medical care and treatment rendered by the defendant oral surgeon following removal of the plaintiff's wisdom teeth in April 1998. Eight days after removal of three wisdom...

Verdicts & Settlements March 24, 2003: Handicap Discrimination -- Worker With Pacemaker.(Brief article)
March 24, 2003... Byline: Massachusetts Lawyers Weekly Staff The defendant sent the plaintiff home and unilaterally placed him on the company's short-term disability plan. The plaintiff had worked for the defendant for 20 years prior to informing the...

Verdicts & Settlements March 24, 2003: Discovery Shows Driver Had Been Drinking For Hours At Bar.
March 24, 2003... Byline: Massachusetts Lawyers Weekly Staff In March 1999 on a Sunday morning, an allegedly drunk driver crossed the median separating the entrance and exit ramps on Route 3 and Route 113 in Tyngsboro and slammed his Ford Bronco into the...

Mass. Lawyers in the News: March 24, 2003.
March 24, 2003... Byline: Massachusetts Lawyers Weekly Staff NewMakers New Associations Arthur L. Pressman has joined Nixon Peabody in the firm's Boston and newly established Philadelphia office as a co-chair of the franchise team. He previously...

Mass. Court of Appeals Case Summaries: March 24, 2003.
March 24, 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. Superior Court Case Summaries: March 24, 2003.
March 24, 2003... Byline: Massachusetts Lawyers Weekly Staff Attorneys Limited Liability Legal Partnership - Motion To Disqualify Where the plaintiff in a civil action against a defendant limited liability legal partnership has moved to disqualify a...

U.S. Magistrate Judges Case Summaries: March 24, 2003.
March 24, 2003... Byline: Massachusetts Lawyers Weekly Staff Civil Practice Dismissal Motions - Counterclaims Where (1) a plaintiff filed a multicount complaint against a defendant after the plaintiff was arrested for seeking to gain entrance to a...

Mass. Appellate Division Court Case Summaries: March 24, 2003.
March 24, 2003... Byline: Massachusetts Lawyers Weekly Staff Insurance Claim Settlement Practices - PIP Where a plaintiff who treated a policyholder injured in a car accident filed suit charging the defendant insurance company with violating G.L.c....

Mass. Land Court Case Summaries: March 24, 2003.(Brief article)
March 24, 2003... Byline: Massachusetts Lawyers Weekly Staff Real Property Easement Rights Where a dispute has arisen regarding what, if any, easement rights the plaintiff possesses over a certain East Dennis way, I find from the evidence (1) that...

Massachusetts Board of Bar Overseers Admonitions: March 24, 2003.
March 24, 2003... Byline: Massachusetts Lawyers Weekly Staff Reinstatement Hearing The Board of Bar Overseers will hold a public hearing on the petition for reinstatement of William L. Harvey, III, of Chelmsford, MA, who has been suspended since January...

Mass. Department of Environmental Protection Case Summaries: March 24, 2003.(Brief article)
March 24, 2003... Byline: Massachusetts Lawyers Weekly Staff Environmental Wetlands - Bald Eagle Habitat Where an applicant for a wetlands permit seeks to build a single-family house in Salisbury, the matter should be reviewed by the Secretary of...

Mass. Division of Labor Relations Case Summaries: March 24, 2003.
March 24, 2003... Byline: Massachusetts Lawyers Weekly Staff Labor Withholding Of Information Where a city refused to respond to a police union's request for information regarding whether certain vacancies had been filled with either temporary or...

Hardly Amusing: Boston Amusement Ride And Go-Kart Case Attorneys.(Brief article)
March 24, 2003... Byline: Massachusetts Lawyers Weekly Staff Though this pair of Boston attorneys specializes in amusement ride and go-kart cases, it's no fun and games. For example, John A. Karon and John A. Dalimonte recently negotiated a $2.7 million...

Revisiting The Charity Cap In Mass.
March 24, 2003... Byline: Massachusetts Lawyers Weekly Staff There is a case currently pending before the Supreme Judicial Court captioned Connors v. Northeast Hospital Corp. that poses a challenge to the state's charitable immunity cap -- something many...

Face To Face With John E. Fenton Jr.: Former Suffolk Law School Dean.(Interview)
March 24, 2003... Byline: Massachusetts Lawyers Weekly Staff JOHN E. FENTON JR. Former Suffolk Law School Dean Suffolk University Law School will pay tribute to John E. Fenton Jr. -- its dean from 1994 to 1999 -- with an April 30th fundraising...

Boston Attorney William B. Golden: Lightship Lawyer.
March 24, 2003... Byline: Massachusetts Lawyers Weekly Staff Just sit right back and you'll hear a tale, a tale of a Coast Guard ship. It started as a lightboat, until it lost its zip * * * Attorney William B. Golden might not be the "mighty...

Up, Up And Away For Lynn Attorney Michael F. Mahoney.(Brief article)
March 24, 2003... Byline: Massachusetts Lawyers Weekly Staff Michael F. Mahoney recently took up flying -- without a plane. The Lynn attorney, who was paralyzed in a diving accident nearly 20 years ago, was suspended 800 feet in the air above Key West,...

Mass. Appeals Court Rules Local Rules Apply For Dad's Support Payments.
March 24, 2003... Byline: Bainbridge D. Testa A father living in Massachusetts was obligated to pay child support according to Massachusetts guidelines -- even though the mother and child lived in Minnesota where payments would have been lower, a single...

Shutting Down The Courts?: Eight District Courts In Mass.
March 24, 2003... Byline: Jeanne Greeley Charlestown. Clinton. Ipswich. Natick. Orange. Ware. Winchendon. Uxbridge. Eight District courts. Eight different stories. One thing in common: They are all in jeopardy of being closed after a recent proposal by...

Law Libraries In Mass. May Charge Fees; Some Might Close Shop.
March 24, 2003... Byline: Massachusetts Lawyers Weekly Staff The state's 17 county law libraries may soon begin charging fees -- or they might be closed altogether in favor of four new regional branches of the Social Law Library -- under proposals by Gov....

Lawyers In Mass. Deal With New Patients' Records Law.
March 24, 2003... Byline: John O. Cunningham Lawyers say that a change in patients' records laws effective April 14 will require them to request documents with more specificity, and that more discovery battles will likely ensue. The new rules will...

U.S. Attorney's Stance Results In More Trials.
March 24, 2003... Byline: Jason M. Scally Both attorneys and judges are saying that the U.S. attorney's hard-line stance on criminal prosecutions may lead to fewer plea agreements and more cases going to trial in U.S. District Court. Traditionally,...

Commentary: Overcoming The Current Mediation Meltdown.
March 24, 2003... Byline: Douglas K. Sheff It is the opinion of many in the plaintiffs' bar that the mediation process has become increasingly ineffective. Parties arrive without authority or sufficient authority, in violation of the mediation...

Mass. Supreme Judicial Court Case Summaries: March 24, 2003.
March 24, 2003... Byline: Massachusetts Lawyers Weekly Staff Appeals Mootness - Contempt - Commissioner Of Probation Where a District Court judge entered a judgment of contempt against the Commissioner of Probation in connection with drug testing of...

1st U.S. Circuit Court of Appeals Case Summaries: March 31, 2003.
March 31, 2003... Byline: Massachusetts Lawyers Weekly Staff Bankruptcy Bank Account - Res Judicata Where an adversary proceeding was instituted in a bankruptcy case concerning the disposition of the funds in the debtor's bank account, the...

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