Massachusetts Lawyers Weekly articles from March 2006

Massachusetts Lawyers Weekly archives from March 2006

Massachusetts Board of Bar Overseers Admonitions: March 6, 2006.
March 6, 2006... Byline: Massachusetts Lawyers Weekly Staff ADMONITION NO. 06-06 On July 7, 2004, the client hired the respondent to represent him in a wrongful termination case against the client's former employer. The client had been employed with a...

Commentary: What to do when the job offer comes too soon.
March 6, 2006... Byline: Stephen E. Seckler The bonus check has cleared, winter is half over and you are ready to "see what is out there." Months ago you concluded that it was time to make a lateral move. One of your favorite partners has gone in-house and...

Commentary: Judges and snap decisions.
March 6, 2006... Byline: Massachusetts Lawyers Weekly Staff There are moments in one's life, however rare, where lightning-fast reactions are necessary. Swerving to avoid an oncoming car while skidding on snow. Reaching out to grab a child who is about to...

Board of Bar Overseers hears arguments in conduct case against Boston atty.(Maria I. Lopez)
March 6, 2006... Byline: Massachusetts Lawyers Weekly Staff A Boston attorney accused of having concocted a scheme to discredit former Superior Court Judge Maria I. Lopez in the super-sized legal battle over the Demoulas family supermarket fortune has...

Customer files breach of contract suit after Citizens Bank account is closed.(Ty Calloway, Bank Secrecy Act of 1970)(Brief Article)
March 6, 2006... Byline: Massachusetts Lawyers Weekly Staff When Citizens Bank customer Ty Calloway went to the bank's Quincy Center branch on March 22, 2002, to cash a check for $30,000, he refused to provide his Social Security number and profession, as...

Commentary: Every lawyer should be part of a team.
March 6, 2006... Byline: Edward Poll When we're on the road to handle a trial, negotiate a deal or market our practice, there is a temptation to enjoy going it alone. The road warrior image has great mystique. But every successful lawyer is, or should be,...

Judge Jeffrey A. Locke seen as key to Hampden's backlog.
March 6, 2006... Byline: Noah Schaffer The crunch in Hampden Superior Court could be eased this month, as Judge Jeffrey A. Locke has been assigned to sessions at the Springfield courthouse for March, according to the office of Superior Court Chief Justice...

More 'mid-life' lawyers, more discipline cases?
March 6, 2006... Byline: Barbara Rabinovitz A concentrated number of Massachusetts lawyers are entering the prime of their career. That may be good news for "mid-life" lawyers, but Bar Counsel Daniel C. Crane says it also means a surge in bar...

No 'rush to courthouse' predicted in wake of landmark lead paint verdict.
March 6, 2006... Byline: David E. Frank One unanswered question in the aftermath of Rhode Island's historic lead-paint verdict is what the decision means for attorneys representing any one of the tens of thousands of children poisoned in recent years by...

Massachusetts Appeals Court clarifies test for 'undue influence'.
March 6, 2006... Byline: Jason M. Scally In a decision clarifying the issue of who bears the burden of proving undue influence in a will contest, the Appeals Court has ruled that objections from a woman contesting her cousin's will were properly denied...

Juvenile Court seeks comments on proposed rules.
March 6, 2006... Byline: Massachusetts Lawyers Weekly Staff PROPOSED: JUVENILE COURT RULES I. CARE AND PROTECTION, GUARDIANSHIP OF MINOR, AND ADOPTION CONSENT PROCEEDINGS Rule 1. Scope of Rules These rules apply to all actions in the...

Commentary: 'Foster v. Group Health Inc.': Revisiting post-divorce health insurance rights.
March 6, 2006... Byline: Clare D. McGorrian Before 1981, a divorcing spouse in Massachusetts had no protection against losing health insurance secured through the other spouse's employment. That year, the Legislature enacted G.L.c. 175, Sect. 110I,...

Appellate Tax Board Case Summaries: March 6, 2006.
March 6, 2006... Byline: Massachusetts Lawyers Weekly Staff Taxation Brookline residential property Where the appellant owner of a Brookline residential property has sought an abatement of real estate taxes for fiscal year 2004, we conclude that...

District Court/BMC Appellate Division Case Summaries: March 6, 2006.(Reznik v. Garaffo, et al.)
March 6, 2006... Byline: Massachusetts Lawyers Weekly Staff Civil practice Dismissal - Sanctions Where a plaintiffs complaint was dismissed, that order must be vacated because the defendants are not entitled to a judgment in their favor at this...

Appeals Court Case Summaries: March 6, 2006.
March 6, 2006... 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. Bankruptcy Appellate Panel Case Summaries: March 6, 2006.
March 6, 2006... Byline: Massachusetts Lawyers Weekly Staff Bankruptcy Mortgage foreclosure - Automatic stay Where a bankruptcy court judge has validated a foreclosure sale of property in which a debtor claimed an interest, the decision should be...

District Court/BMC Trial Division Case Summaries: March 6, 2006.(Commonwealth v. Niemi)(Brief Article)
March 6, 2006... Byline: Massachusetts Lawyers Weekly Staff Motor vehicles OUI - Breath test Where a defendant charged with drunk driving has moved to suppress the results of a breath test administered by the police, the motion must be denied...

Department of Industrial Accidents Case Summaries: March 6, 2006.
March 6, 2006... Byline: Massachusetts Lawyers Weekly Staff Workers' compensation Ongoing partial incapacity - Findings Where a workers' compensation insurance company has challenged an administrative judge's decision awarding an employee ongoing...

Labor Relations Commission Case Summaries: March 6, 2006.(Brief Article)
March 6, 2006... Byline: Massachusetts Lawyers Weekly Staff Labor Prohibited practice complaint - Untimely filing Where an individual (1) has filed a prohibited practice complaint against the city of Boston outside of the six-month limitations...

Land Court Case Summaries: March 6, 2006.
March 6, 2006... Byline: Massachusetts Lawyers Weekly Staff Civil practice Motion to supplement record Where the plaintiffs in a "view easement" case have moved to supplement the record with "a series of filings, correspondence and a decision by...

Massachusetts Commission Against Discrimination Case Summaries: March 6, 2006.
March 6, 2006... Byline: Massachusetts Lawyers Weekly Staff Civil rights Racial discrimination - Public accommodation Where a defendant boutique discriminated against a complainant on the basis of her race, the complainant should be awarded $8,000...

Supreme Judicial Court Case Summaries: March 6, 2006.(Commissioner of Correction v. Superior Court Department of the Trial Court for the County of Worcester, et al.)
March 6, 2006... Byline: Massachusetts Lawyers Weekly Staff Prisons Transfer of pretrial detainees Where a Superior Court judge, at the request of the Worcester district attorney, ordered the transfer of pretrial detainees from a county jail to a...

Superior Court Case Summaries: March 6, 2006.
March 6, 2006... Byline: Massachusetts Lawyers Weekly Staff Arbitration Attorney - Fee dispute Where a company has filed a motion to stay arbitration proceedings that an attorney initiated with respect to fee disputes related to his representation...

U.S. Bankruptcy Court Case Summaries: March 6, 2006.
March 6, 2006... Byline: Massachusetts Lawyers Weekly Staff Bankruptcy Settlement agreement - IRS Where a settlement agreement has been proposed by debtors, a bank and an official committee of unsecured creditors, the agreement should not be...

1st U.S. Circuit Court of Appeals Case Summaries: March 6, 2006.
March 6, 2006... Byline: Massachusetts Lawyers Weekly Staff Civil practice Suit regarding motorized yacht Where a federal judge, faced with competing claims to a motorized yacht, ruled (1) that the plaintiff present owners of the vessel are not...

U.S. District Court Case Summaries: March 6, 2006.
March 6, 2006... Byline: Massachusetts Lawyers Weekly Staff Banks and banking ATM - Fee Where a plaintiff has charged a defendant bank with violating the Electronic Fund Transfer Act, the bank must be awarded summary judgment, as a sign at the...

U.S. Magistrate Judges Case Summaries: March 6, 2006.(Jasty v. Wright Medical Technology, Inc.)
March 6, 2006... Byline: Massachusetts Lawyers Weekly Staff Contract Breach - Notice of termination Where a plaintiff physician alleges that the defendant breached the terms of a contract under which the plaintiff acted as a consultant, I find...

Massachusetts Lawyers in the News: March 6, 2006.(Anatoly M. Darov joins Burns & Levinson)(Kimberly Jones joins Foley Hoag)(Christina X. Zhang joins Hamilton, Brook, Smith & Reynolds )
March 6, 2006... Byline: Massachusetts Lawyers Weekly Staff New associations C. Stanley McGee has joined MarriageEquality, a civil rights non-profit, as the director of business and civic outreach. Anatoly M. Darov has joined the Boston office of...

Commentary: Trust investment and accounting under the new Principal and Income Act.
March 6, 2006... Byline: Patricia M. Annino and Michelle B. Langford The practice of trust administration in Massachusetts has undergone a significant change as a result of the recently enacted Massachusetts Principal and Income Act, which went into effect...

Verdicts & Settlements March 6, 2006: Alleged drunk driver kills woman in breakdown lane.
March 6, 2006... Byline: Massachusetts Lawyers Weekly Staff $3.67 million settlement The plaintiff was the administratrix of the estate of her 27-year-old daughter who died from the injuries she sustained in a motor vehicle accident that occurred on a...

Verdicts & Settlements March 6, 2006: Patient suffers neurological deterioration despite testing.
March 6, 2006... Byline: Massachusetts Lawyers Weekly Staff $3.5 million settlement The 26-year-old plaintiff's decedent carried a 15-year history of systemic lupus as well a mild history of thrombocytopenia and other abnormalities of the proteins in...

Verdicts & Settlements March 6, 2006: Man claims BMW was stolen from outside his home.(Catino v. The Premier)
March 6, 2006... Byline: Massachusetts Lawyers Weekly Staff Defense verdict The plaintiff alleged that his 1996 BMW was stolen from outside his home in Worcester on Aug. 8, 2003. The Worcester Fire Department found the car totally engulfed in...

Verdicts & Settlements March 6, 2006: 'Retained' gallstone blamed in death of 50-year-old woman.
March 6, 2006... Byline: Massachusetts Lawyers Weekly Staff $600,000 settlement The plaintiff's decedent, a single, 50-year-old woman, underwent an open cholecystectomy and common bile duct exploration by the defendant surgeon. While hospitalized,...

Verdicts & Settlements March 6, 2006: Walker attacked by three dogs off-leash.(Brief Article)
March 6, 2006... Byline: Massachusetts Lawyers Weekly Staff $18,000 settlement While strolling in her neighborhood, the 45-year-old plaintiff was attacked by three dogs running free in violation of the leash law. The defendant's dog clamped his...

Commentary: E-mail: beware the seductive siren.
March 13, 2006... Byline: Massachusetts Lawyers Weekly Staff E-mail, for everything it does for lawyers in terms of time-saving, is dangerous.Most attorneys see e-mail like any other PC user does: a handy, quick way of communicating. But even attorneys, for...

Southern New England School of Law in Dartmouth receives anonymous $1M donation.(Brief Article)
March 13, 2006... Byline: Massachusetts Lawyers Weekly Staff Even Agatha Christie would be intrigued by this one.Southern New England School of Law in Dartmouth, which had sought unsuccessfully to become part of the state university system, is the...

Candidate for Governor's Council wants local judicial vacancies to be filled by area residents.(Brief Article)
March 13, 2006... Byline: Massachusetts Lawyers Weekly Staff Worcester County residents should have a shot at filling local judge and clerk vacancies.So says Brian J. Buckley, who has launched a campaign for a seat on the Governor's Council, which votes...

TV anchor-turned-attorney Brian G. Leary elected general partner of downtown Boston firm.(Brief Article)
March 13, 2006... Byline: Massachusetts Lawyers Weekly Staff Boston attorney Brian G. Leary admits that "sometimes I need to remind people I didn't wander in from a TV studio." The reminder is necessary, he explains, because many know Leary from his...

Commentary: Do you really need to return every client call promptly?
March 13, 2006... Byline: Edward Poll Two of my favorite "blawgers," Tom Collins (www.morepartnerincome.com) and Carolyn Elefant (www.myshingle.com), recently raised an interesting online point/counterpoint.Tom cited the case of a young partner who always...

Candidates for judicial appointment languish on Gov. Romney's desk.(Mitt Romney)
March 13, 2006... Byline: Barbara Rabinovitz Arguing that the names of several highly qualified candidates for judicial appointment are languishing on Gov. Mitt Romney's desk, newly deposed members of the Judicial Nominating Commission say that the governor...

MA Appeals Court rules nonindigent ward entitled to hearing over request for lawyer.
March 13, 2006... Byline: Noah Schaffer A nonindigent ward looking to hire her own attorney should have been allowed an evidentiary hearing to determine her competency, the Appeals Court has ruled in a decision of first impression.A Probate & Family Court...

Framingham District Court does judicial system proud, say lawyers who regularly appear there.
March 13, 2006... Byline: Massachusetts Lawyers Weekly Staff When the media swooped down on Framingham District Court last month for the arraignment of Englishman Neil Entwistle on murder charges, a five-minute proceeding heard and seen virtually around the...

Dept. of Industrial Accidents Reviewing Board awards workers' comp to foreman hurt on way home.
March 13, 2006... Byline: David E. Frank A workers' compensation carrier must cover a Big Dig employee who fell asleep at the wheel and was injured in a car accident on his way home after working a 27-hour shift, the Department of Industrial Accidents...

MA Appeals Court rules insurance co. not required to arbitrate 176D claim.
March 13, 2006... Byline: Noah Schaffer An insurance company can't be compelled to arbitrate an unfair practices claim under chapters 93A and 176D brought by a woman who was a passenger in a car that was struck by a hit-and-run driver, despite the presence...

Notices from the Courts: March 13, 2006.
March 13, 2006... Byline: Massachusetts Lawyers Weekly Staff Mulligan issues updated Child Support GuidelinesChief Justice Robert A. Mulligan's Announcement Regarding the Issuance of the TrialCourt Child Support GuidelinesChief Justice Robert A. Mulligan...

Attorney Brison S. Shipley dies Feb. 14 at South Shore Hospital following a long illness.(Brief Article)(Obituary)
March 13, 2006... Byline: Massachusetts Lawyers Weekly Staff Brison S. Shipley, a former assistant attorney general and the lawyer for the manager of Boston's Big Dig project, died Feb. 14 at South Shore Hospital following a long illness. He was 58.Born in...

Appellate Tax Board Case Summaries: March 13, 2006.
March 13, 2006... Byline: Massachusetts Lawyers Weekly Staff TaxationReal estate - Comparable salesWhere plaintiff owners of land in Williams-town seek a real estate tax abatement, that request must be denied, as they have failed to show that the property...

Appeals Court Case Summaries: March 13, 2006.
March 13, 2006... Byline: Massachusetts Lawyers Weekly Staff AppealsJudgments affirmedThe 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 of law, the...

Department of Industrial Accidents Case Summaries: March 13, 2006.
March 13, 2006... Byline: Massachusetts Lawyers Weekly Staff Workers' compensation'Going and coming' rule - Fatigue - Overtime - 'Big Dig'Where a carpenter, working as a foreman on the "Big Dig" project, was injured when he fell asleep while driving home...

Supreme Judicial Court Case Summaries: March 13, 2006.
March 13, 2006... Byline: Massachusetts Lawyers Weekly Staff CriminalNew trial - Ineffective assistanceWhere a Superior Court judge granted a criminal defendant a new trial, we hold that the judge acted permissibly, as the defendant demonstrated that his...

Superior Court Case Summaries: March 13, 2006.(Botany Bay Construction Co., Inc. v. B & B Construction, Inc.)
March 13, 2006... Byline: Massachusetts Lawyers Weekly Staff Civil practiceDefault - Excusable neglectWhere a defendant corporation has moved for relief from a judgment entered by default, the motion must be denied on the ground that the defendant's default...

1st U.S. Circuit Court of Appeals Case Summaries: March 13, 2006.
March 13, 2006... Byline: Massachusetts Lawyers Weekly Staff ArbitrationLicensing agreement - Arbitrators' interpretationWhere a plaintiff moved to vacate an arbitration award, a district court judge committed no error in denying that motion, as the...

U.S. District Court Case Summaries: March 13, 2006.(Brown v. F.L. Roberts & Company, Inc., et al.)(Brief Article)
March 13, 2006... Byline: Massachusetts Lawyers Weekly Staff EmploymentReligious discrimination - RastafarianWhere a plaintiff Rastafarian, who works in an auto servicing facility, (1) was required to work all the time in a lower bay after he refused,...

U.S. Supreme Court Case Summaries: March 13, 2006.(Racketeer Influenced and Corrupt Organizations Act, Sherman Act)
March 13, 2006... Byline: Massachusetts Lawyers Weekly Staff AntitrustJoint venture - Price fixingThe Sherman Act's prohibition against price fixing was not automatically violated when the parent companies of a joint venture agreed to make their prices the...

MA Lawyers in the News: March 13, 2006.(Devine Millimet appoints Jason A. Panos )(Brief article)
March 13, 2006... Byline: Massachusetts Lawyers Weekly Staff New associationsJason A. Panos has joined the real-estate practice group at Devine Millimet in Andover.Michael E. Zeliger has joined the Boston office of Kirkpatrick & Lockhart, Nicholson, Graham...

Commentary: Mock trials: A novel approach in the arbitration process.
March 13, 2006... Byline: William H. Carey A mock trial perhaps is not technically a "dispute resolution service" under the ADR rules promulgated by the Supreme Judicial Court, but it is becoming a popular method, in some areas, leading to the disposition...

Massachusetts Legal Briefs: March 13, 2006.(Duane Morris, L.L.P. merged with Hancock Rothert and Bunshoft)
March 13, 2006... Byline: Massachusetts Lawyers Weekly Staff Westward ho!The firm of Duane Morris, with roots on the East Coast, including a Boston office, has merged with Hancock, Rothert & Bunshoft, a firm with a West Coast orientation.The merger with...

Verdicts & Settlements March 13, 2006: Misdiagnosis leaves boy with loss of elbow function.(Harlfinger v. Halpern)
March 13, 2006... Byline: Massachusetts Lawyers Weekly Staff $325,000 settlementThe underlying medical malpractice action, which was dismissed as untimely, involved allegations that an orthopedic surgeon negligently treated the plaintiff's broken elbow,...

Verdicts & Settlements March 13, 2006: Passing van strikes boy exiting vehicle.
March 13, 2006... Byline: Massachusetts Lawyers Weekly Staff $500,000 settlementThe 13-year-old plaintiff stepped out from the passenger side of a motor vehicle parked on the side of the road and came around the front of the vehicle in an attempt to cross...

Verdicts & Settlements March 13, 2006: Inmate alleges assault by MCI-Cedar Junction officer.(Orwat v. Padula and Shugrue)
March 13, 2006... Byline: Massachusetts Lawyers Weekly Staff $250,000 verdictThe plaintiff contended that on Jan. 26, 2001, during a search of his cell at MCI-Cedar Junction, he was assaulted and battered by a defendant correctional officer without cause or...

Verdicts & Settlements March 13, 2006: Woman falls down stairs, fractures ankle.(Perrota v. Langlois, et al)(Brief Article)
March 13, 2006... Byline: Massachusetts Lawyers Weekly Staff $100,000 verdictThe plaintiff accompanied her adult daughter to look at a farm for possible purchase as a home for both women and grandchildren.While descending an attached wooden staircase, the...

Verdicts & Settlements March 13, 2006: Man files petition for probate of will.(Estate of Mary K. Riley)
March 13, 2006... Byline: Massachusetts Lawyers Weekly Staff Estate estimate: $1MThe plaintiff filed a petition for probate of will which left an entire estate to him.Objections to the allowance of the will were filed by three contestants who alleged the...

Verdicts & Settlements March 13, 2006: Plaintiffs seek redress for firm's failure to comply.(Brief Article)
March 13, 2006... Byline: Massachusetts Lawyers Weekly Staff $1.96 million settlementThe plaintiffs contacted the defendant law firm about a potential medical malpractice case involving obstetrical negligence a few months after the delivery of the minor...

Verdicts & Settlements March 13, 2006: Psychiatrist sued over behavior.
March 13, 2006... Byline: Massachusetts Lawyers Weekly Staff $750,000 settlementThe defendant doctor was the plaintiff's treating psychiatrist between 1997 and 2001. During that time and while treating the plaintiff for bipolar disorder,...

Verdicts & Settlements March 13, 2006: Pharmacies file business-loss suit.(J.E. Pierce Apothecary v. Harvard Pilgrim Healthcare, CVS Corp. and PharmaCare Management)(Brief Article)
March 13, 2006... Byline: Massachusetts Lawyers Weekly Staff $5.5 million settlementThe plaintiffs obtained a summary judgment on liability for a class consisting of all non-CVS pharmacies supplying prescription drugs for Harvard Pilgrim members. The...

Verdicts & Settlements March 13, 2006: Defendant wrongfully withheld files in asset sale.(Fecteau Benefits Group, Inc. v. Peter L. Knox and Peter L. Knox & Associates, P.C.)
March 13, 2006... Byline: Massachusetts Lawyers Weekly Staff $75,000 verdictThe plaintiff agreed to buy the pension administration assets of the defendant company. The defendant, an attorney, represented himself in connection with the sale. The purchase...

Massachusetts Board of Bar Overseers Admonitions: March 20, 2006.
March 20, 2006... Byline: Massachusetts Lawyers Weekly Staff SJC No. BD-2004-081 IN RE: JON R. GARLINGHOUSELast known address: 34 Franklin Avenue - Apt. 2 Revere, MA 02151 S.J.C. Order of Indefinite Suspension entered by Justice Sosman on February 14, 2006...

Commentary: Docket efficiency: Striking a balance.(Brief article)
March 20, 2006... Byline: Massachusetts Lawyers Weekly Staff One of the main issues tackled by the Monan Commission's 2003 report on court reform in Massachusetts was predictability of trial dates.While the concept of firm and fair trial dates has certainly...

Judicial Scouting Report: MA Associate Judge Ralph D. Gants.(Biography)
March 20, 2006... Byline: Henriette Campagne In this Lawyers Weekly feature, a different Massachusetts judge is highlighted on a regular basis in an effort to provide practitioners with a snapshot of the jurist and a flavor of his or her jurisprudence....

Commentary: A sheet-load of security.(prison escapes)
March 20, 2006... Byline: Eric Lucien For those of you lawyers who make a living putting bad guys in jail, do you ever go home patting yourself on the back for a great conviction, and flop down, exhausted, onto your bed, only to be reminded of those evil...

Commentary: To the bar, Howie Carr is a big, fat idiot.
March 20, 2006... Byline: David Yas Howie Carr: Local icon. Lovable cynic. Media legend.Big, fat idiot.Oh, I don't mean it literally. I've never met Mr. Carr personally, so I can only comment on the dimensions of his musings, not his midsection. But I can...

MA governor signs bills: March 20, 2006.(Brief article)
March 20, 2006... Byline: Massachusetts Lawyers Weekly Staff 26. An act relative to disability retirement benefits for certain employees who contract cancer. App. and eff. Feb. 24, 1 page.27. An act further regulating organ and tissue donations. App. Feb....

MA attorney nominated for Boston sports radio station's Whiner Award.(Massachusetts )(Brief article)
March 20, 2006... Byline: Massachusetts Lawyers Weekly Staff Fairly or not, lawyers have been accused of being whiners. And now, with the help of Boston-based sports radio station WEEI (at 850 on the AM dial), the whining abilities of one local lawyer have...

Cambridge District Court evacuates after bomb threat; prisoners on third floor not relocated.
March 20, 2006... Byline: Massachusetts Lawyers Weekly Staff Due to a rather odd coincidence, the state's most famous defendant may have been in danger last month all while still in custody.It was not court business as usual on the afternoon of Feb. 22...

Commentary: Knowledge management: Use it or lose it.
March 20, 2006... Byline: Edward Poll Corporate clients increasingly expect their law firms to have Knowledge Management (KM) systems. By Knowledge Management, we mean the systematic organization of the firm's entire work product, prepared for all of its...

Commentary: Tech-savvy court reporting can save lawyers time and money.
March 20, 2006... Byline: Kenneth A. Zais As lawsuits go forward and transcripts pile up, finding and sifting through documentation and exhibits in preparation for trial or settlement gets hectic. There's hardly an attorney, paralegal or assistant who...

Superior Court judges rules lawyer can't change fee agreement during case.(contingency fee )
March 20, 2006... Byline: David E. Frank An attorney who sought to change the terms of a fee agreement from an hourly rate to a contingency fee during the handling of an employment termination case improperly modified the deal and placed his client in a...

MA criminal defense attorneys lament impeachment tool loss.(Massachusetts)
March 20, 2006... Byline: Noah Schaffer Criminal defense attorneys expressed deep reservations over a Supreme Judicial Court ruling issued last week that allows judges to order the defense to turn over to the prosecution any witness statements that they...

MA Governor Mitt Romney reins in Judicial Nominating Commission, cites role as 'limited'.(Massachusetts)
March 20, 2006... Byline: Barbara Rabinovitz After being harshly criticized for depleting the ranks of the Judicial Nominating Commission, ignoring its recommendations of judicial candidates, passing over women and minorities in his appointments and...

1st Circuit clarifies sentencing after 'Booker'.
March 20, 2006... Byline: David E. Frank In upholding the sentence of a man convicted of illegally entering the country, the 1st U.S. Circuit Court of Appeals has issued a decision that attempts to provide "stable guidance" to how judges should treat the...

Massachusetts lawyers split on 93A reform bills.
March 20, 2006... Byline: Noah Schaffer A suit by a Virginia-based non-profit against Frito Lay, the Texas-based snack maker, over the labeling of products containing olestra has recently been filed in Massachusetts. And Frito Lay attorney Robert A. Sherman...

Commentary: Making firm, fair trial dates a reality.
March 20, 2006... Byline: Hon. Barbara J. Rouse Over one year ago, the Superior Court embarked on an initiative to improve the delivery of justice in a more timely and cost-effective manner and to establish more predictable trial dates in civil cases.The...

District Court/BMC Appellate Division Case Summaries: March 20, 2006.
March 20, 2006... Byline: Massachusetts Lawyers Weekly Staff Civil practiceEnforcement of foreign judgmentWhere a Massachusetts District Court judge found that a California judgment was procured by fraud and therefore refused to enforce it, we hold that the...

Appeals Court Case Summaries: March 20, 2006.
March 20, 2006... Byline: Massachusetts Lawyers Weekly Staff AdministrativeTeacher - Physical abuse of studentWhere (1) an administrative hearing officer of the Department of Social Services determined that there was reasonable cause to believe that a...