Massachusetts Lawyers Weekly articles from October 2005

Massachusetts Lawyers Weekly archives from October 2005

MA Lawyers in the News: October 3, 2005.(John D. Lanza and Cynthia M. Gilbert joined Choate, Hall and Stewart, Michael A. Pezza Jr. started own practice, Katherine C. Rossmoore, Michelle F. Rosenberg and Stacey D. Eachus joined Caparell & DiGregorio)
October 3, 2005... Byline: Massachusetts Lawyers Weekly Staff New associations Cynthia M. Gilbert has joined Choate, Hall & Stewart in Boston as an associate in the intellectual property department. John D. Lanza has joined the firm as a partner, also...

Commentary: Rising interest rates present risks to banks and their lawyers.
October 3, 2005... Byline: Gabor Garai The economy is entering a period of increasing risk for banks, as short-term interest rates rise and exert pressure on both business and consumer borrowers all of which could leave banks holding the bag on a growing...

Interview with Edward "Ned" P. Leibensperger, president of the Boston Bar Association.(Interview)
October 3, 2005... Byline: Massachusetts Lawyers Weekly Staff As far as Edward "Ned" P. Leibensperger is concerned, lawyers are civic leaders. It's a message he hopes to convey loud and clear during his tenure as president of the Boston Bar Association. ...

Commentary: Judge Gertner's simple plan.(Nancy Gertner)
October 3, 2005... Byline: Massachusetts Lawyers Weekly Staff In what seems a curious move at best, U.S. Attorney Michael J. Sullivan has filed a petition for a writ of mandamus against a federal judge who has tried to address an underrepresentation of...

Commentary: Letter to the Editor: Suffolk Law School credited for assisting in webcast initiative.(Letter to the Editor)
October 3, 2005... Byline: Massachusetts Lawyers Weekly Staff To the editor: I appreciate the informative editorial concerning the webcasting of oral arguments at the Supreme Judicial Court ("SJC webcasts available to all," Sept. 19). Attorneys and law...

Commentary: Letter to the Editor: Conforming with the Good Funds Act.(Letter to the Editor)
October 3, 2005... Byline: Massachusetts Lawyers Weekly Staff To the editor: Members of the bar who represent sellers in residential real estate transactions must include a provision in the purchase and sale agreement requiring payment at closing of good...

Commentary: Contingent fees and the discharged lawyer.(Opert v. Melios, Salem Realty Co. v. Matera, Malonis v. Harrington)
October 3, 2005... Byline: Susan Strauss Weisberg Fee issues continue to be a major source of complaints to bar counsel's office. In previous articles, we have provided general guidance on fees, fee disputes and fee arbitration at the option of the client.1...

Commentary: Letter to the Editor:Time has come to shake up leadership at CPCS.(Letter to the Editor)
October 3, 2005... Byline: Massachusetts Lawyers Weekly Staff To the editor: It's ironic that persons charged with a crime and parents whose parental rights are threatened are constitutionally and statutorily guaranteed services to legal counsel and...

Dentist's acquittal by MA Superior Court judge sparks debate over jury waivers.
October 3, 2005... Byline: David E. Frank Criminal defense lawyers are debating the merits of jury-waived trials following the decision by Constantine Pitsas a 77-year-old retired dentist charged with manslaughter in the death of an infant who ingested...

1st U.S. Circuit Court of Appeals Case Summaries: October 3, 2005.(Karim v. Gonzales, Tripp v. Cole, et al.)
October 3, 2005... Byline: Massachusetts Lawyers Weekly Staff Immigration Removal order - Voluntary departure Where the plaintiff, a native of Lebanon, has appealed a Board of Immigration Appeals decision upholding rulings by an immigration judge...

U.S. District Court Case Summaries: October 3, 2005.(Rogers v. NSTAR Electric, et al., Yohannes v. Central Parking Systems, Inc.)
October 3, 2005... Byline: Massachusetts Lawyers Weekly Staff Bankruptcy Property transfer - Fraud - Intent Where a U.S. Bankruptcy Court judge denied a debtor's discharge of indebtedness based on the judge's finding that the debtor transferred...

U.S. Bankruptcy Court Case Summaries: October 3, 2005.
October 3, 2005... Byline: Massachusetts Lawyers Weekly Staff Bankruptcy Attorney - Conflict of interest Where the Chapter 7 trustee wishes to retain outside counsel to represent the estate, the request must be denied because the trustee has failed...

U.S. Magistrate Judges Case Summaries: October 3, 2005.(Pearce v. The Duchesneau Group, Inc., et al., Johansen v. United States v. National City Mortgage Co., et al.)
October 3, 2005... Byline: Massachusetts Lawyers Weekly Staff Civil practice Intervention - Security interest Where a credit corporation, claiming to hold security interest in equipment which is the subject of a federal suit, seeks to intervene in...

MA Supreme Judicial Court Case Summaries: October 3, 2005.(Commonwealth v. Anderson )(Brief Article)
October 3, 2005... Byline: Massachusetts Lawyers Weekly Staff Criminal Murder in first degree - Armed robbery Where a defendant has appealed his convictions for first-degree murder and armed robbery, we hold that the convictions should stand, as (1)...

MA Appeals Court Case Summaries: October 3, 2005.(Town of Falmouth v. Civil Service Commission, et al., Testa v. Swartz, et al., Tarantino, et al. v. Moore, et al.)
October 3, 2005... Byline: Massachusetts Lawyers Weekly Staff Administrative Suspension of police officer Where a Superior Court judge has affirmed a Civil Service Commission decision modifying a police officer's suspension from 180 days to 60 days,...

MA Department of Industrial Accidents Case Summaries: October 3, 2005.(a case of workers' compensation)
October 3, 2005... Byline: Massachusetts Lawyers Weekly Staff Workers' compensation Earning capacity Where an administrative judge assigned an injured employee an earning capacity higher than that indicated by the relevant vocational analysis, this...

MA Superior Court Case Summaries: October 3, 2005.(Massachusetts Bay Community College v. Massachusetts Teachers Association, Ortu, et al. v. Boudreau, et al., Marchand, executor, v. Town of Blackstone )
October 3, 2005... Byline: Massachusetts Lawyers Weekly Staff Arbitration Community college - Faculty termination Where an arbitrator ordered the reinstatement of a community college professor based on a finding that the termination was without just...

MA Appeals Court rules obligation to ex-wife not breached by move to Japan.
October 3, 2005... Byline: Lisa K. Bruno A husband who established an estate plan leaving one-third of his estate to his former wife as required by the parties' separation agreement did not breach his obligations to his ex-spouse when he moved to Japan, set...

MA Appeals Court rules Cape Cod landowner cannot use grandfather clause to build.(Rourke, et al. v. Rothman)
October 3, 2005... Byline: Ariana L. Johnson In a ruling that reportedly could affect thousands of properties across Massachusetts, the Appeals Court has determined that a property owner on Cape Cod could not use a grandfather provision in a local bylaw to...

Networking: Golf's no longer the only game in town.
October 3, 2005... Byline: Massachusetts Lawyers Weekly Staff Ah, the good old days. That's when networking was simple. You'd take a client or colleague to the fairway on a Friday morning and hopefully you'd get lucky. "Nice shot," your golf partner...

MA Land Court Case Summaries: October 3, 2005.(Challenge Unlimited, Inc., et al. v. McDonough, et al.)(Brief Article)
October 3, 2005... Byline: Massachusetts Lawyers Weekly Staff Zoning Variance grant Where the Andover zoning board granted certain landowner defendants a variance permitting construction of a roadway, finding that the variance would not have any...

Boston lawyer Maria Moynihan dies at age 47.(Brief Article)(Obituary)
October 3, 2005... Byline: Massachusetts Lawyers Weekly Staff Boston attorney Maria C. Moynihan, an active member of the Women's Bar Association and formerly on Lawyers Weekly's Board of Editors, passed away on Sept. 25. A partner at Morgan, Brown & Joy,...

Boston law firm sponsors "Power of an Idea Scholarship Contest".(Perkins, Smith and Cohen)(Brief Article)
October 3, 2005... Byline: Massachusetts Lawyers Weekly Staff Boston's Perkins, Smith & Cohen is all about trying new things these days. First, the firm made the switch from general practice to intellectual property. Then, last week PS&C unrolled its...

Verdicts & Settlements October 3, 2005: Art teacher hit on head by heavy kiln door.
October 3, 2005... Byline: Massachusetts Lawyers Weekly Staff $550,000 settlement The plaintiff was an art teacher who alleged she was severely injured when she was hit on the head by the heavy lid of a kiln manufactured and distributed by the...

Verdicts & Settlements October 3, 2005: Man suffers brain damage following heart attack.(a case of medical malpractice)
October 3, 2005... Byline: Massachusetts Lawyers Weekly Staff $4.75 million settlement On July 3, 2000, the 41-year-old plaintiff presented to the emergency room for evaluation of chest pain that had developed suddenly. The plaintiff reported to the...

Verdicts & Settlements October 3, 2005: Mom develops flesh-eating infection after C-section.(a case of medical malpractice)
October 3, 2005... Byline: Massachusetts Lawyers Weekly Staff $500,000 settlement The 34-year-old plaintiff developed an infection two days after a Caesarean section delivery of her first child on Jan. 29, 2000. The plaintiffs alleged that the...

MA governor signs bills: October 3, 2005.(Brief Article)
October 3, 2005... Byline: Massachusetts Lawyers Weekly Staff 89. An act establishing the Westford Town Center Sewer District. App. and eff. Sept. 15, 2 pages. 90. An act relative to creditable service for vocational education teachers. App. Sept. 15,...

Massachusetts Board of Bar Overseers Admonitions: October 3, 2005.
October 3, 2005... Byline: Massachusetts Lawyers Weekly Staff ADMONITION NO. 05-33 The respondent was retained in 2000 to file suit against two real estate brokers who had advised prospective homebuyers not to use his client's home inspection business....

Boston Municipal Court, Appellate Division Aase Summaries: October 10, 2005.(United Health v. Commerce Insurance Co.)(Roseme v. Tolbert)(Vining v. Massachusetts Bay Transportation Authority)
October 10, 2005... Byline: Massachusetts Lawyers Weekly Staff Civil practice PIP - Assignment Where a defendant insurance company was awarded summary judgment on a claim for PIP (personal injury protection) benefits, the judgment should be affirmed...

MA COA rules police can't search car connected to previous drug sales.(court of appeals)(Commonwealth v. Wade)
October 10, 2005... Byline: David E. Frank Evidence that a car had been used in prior drug deals was not sufficient to establish probable cause for police officers to search the car on a subsequent occasion, the Appeals Court has held. Defense lawyers are...

Boston lawyer Richard Packenham dies.(Brief Article)(Obituary)
October 10, 2005... Byline: Massachusetts Lawyers Weekly Staff Noted family law attorney Richard D. Packenham died Oct. 3 at Beth Israel Deaconess Medical Center in Boston. He was 52. Packenham was a founder of the Boston firm Packenham, Schmidt and...

Boston Bar Assn. speaker says high cost of living forcing young professional to leave Boston.
October 10, 2005... Byline: Massachusetts Lawyers Weekly Staff From our little corner of the professional world, Boston seems to be holding its own in 2005. International law firms are opening offices in our city on a regular basis, lending credence to the...

Law organization meets in Boston to discuss Roberts confirmation, Meirs nomination.(John G. Roberts Jr. and Harriet E. Miers)(Brief Article)
October 10, 2005... Byline: Massachusetts Lawyers Weekly Staff With the recent confirmation of John G. Roberts Jr. as chief of the U.S. Supreme Court, and the nomination of White House counsel Harriet E. Miers to replace retiring Justice Sandra Day O'Connor,...

Former Boston law firm of Fine & Ambrogne send invitations to alumni reunion of the 15th year of its.
October 10, 2005... Byline: Massachusetts Lawyers Weekly Staff Maybe time does heal all wounds. More than a decade after the contentious dissolution of Fine & Ambrogne, alumni of the firm have been invited to a reunion "on the occasion of the 15th...

Interview with Andrew H. Tarsy, director of the New England chapter of the Anti-Defamation League.(Interview)
October 10, 2005... Byline: Massachusetts Lawyers Weekly Staff When Robert Leikind unexpectedly stepped down as director of the New England chapter of the Anti-Defamation League last spring, Andrew H. Tarsy was surprised and faced with an unanticipated...

MA Lawyers in the News: October 10, 2005.(GTC Law Group )(Brief Article)
October 10, 2005... Byline: Massachusetts Lawyers Weekly Staff New associations John N. Affuso has joined the legal department of the Massachusetts Port Authority as senior legal counsel. Previously, he was counsel for the Economic Development and...

Commentary: Coach's Corner.(lawyer-client relations)
October 10, 2005... Byline: Edward Poll How do you handle people who want your help, seem to appreciate you while the case is ongoing, but once they get a bill they call you, curse at you and refuse to pay? My experience suggests that the end is...

Remembering Maria Moynihan, Boston attorney.(Obituary)
October 10, 2005... Byline: Massachusetts Lawyers Weekly Staff The news spread quickly through the legal community last week: Maria C. Moynihan, well-known employment lawyer and bar leader, had apparently succumbed to the pressures of a difficult divorce and...

Commentary: Letter to the Editor: Mourning the loss of Maria Moynihan.(Letter to the Editor)
October 10, 2005... Byline: Robert A. Cornetta To the editor: The Greater Boston legal community is most saddened to learn of the sudden passing of attorney Maria C. Moynihan. Maria was a specialist in employment and gender-bias related law, having...

Commentary: Letter to the Editor: Parents should be assigned counsel in CHINS cases.(Letter to the Editor)
October 10, 2005... Byline: Deborah Sirotkin Butler To the editor: There is no right to a court-appointed attorney for a parent when a school system files a CHINS case because the child is not attending school, or a parent himself files a case, even when...

1st U.S. Circuit Court of Appeals Case Summaries: October 10, 2005.(DePoutot v. Raffaelly)(United States v. Rodriguez-Casiano )
October 10, 2005... Byline: Massachusetts Lawyers Weekly Staff Civil rights Police - Breath test Where a plaintiff motorist alleges that his right to substantive due process was violated when the defendant police officer refused to permit the...

U.S. District Court Case Summaries: October 10, 2005.(Re: Relafen Antitrust Litigation)(Gagliardi v. Sovereign Bank )
October 10, 2005... Byline: Massachusetts Lawyers Weekly Staff Antitrust Settlement - Class action Where a $75 million settlement has been proposed in connection with an antitrust class action concerning a chemical compound sold commercially as...

U.S. Bankruptcy Court Case Summaries: October 10, 2005.(Brief Article)
October 10, 2005... Byline: Massachusetts Lawyers Weekly Staff Bankruptcy Legal malpractice - Attorney-client relationship Where a debtor law firm has objected to a malpractice claim which a corporation has filed based on failed investment activities...

Supreme Judicial Court Case Summaries: October 10, 2005.
October 10, 2005... Byline: Massachusetts Lawyers Weekly Staff Appeals Mootness - Petition under G.L.c. 211, Sect. 3 - SDP Where a petitioner sought an order setting a trial date under G.L.c. 123A, Sect. 9, the petitioner's appeal of a single...

MA Court of Appeals Case Summaries: October 10, 2005.(Public Notice)
October 10, 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 Commission Against Discrimination Case Summaries: October 10, 2005.(Massachusetts)
October 10, 2005... Byline: Massachusetts Lawyers Weekly Staff Employment Discrimination - Disability - Blindness - Accommodations Where the respondent employer did not reasonably accommodate a complainant employee's disability (blindness) and...

MA Department Of Industrial Accidents Case Summaries: October 10, 2005.(Massachusetts)
October 10, 2005... Byline: Massachusetts Lawyers Weekly Staff Workers' compensation Causation - Wheelchair Where a judge awarded a closed period of G.L.c. 152, Sect. 34 benefits to an employee who was injured when she fell from her wheelchair at...

MA Superior Court Case Summaries: October 10, 2005.(Massachusetts)
October 10, 2005... Byline: Massachusetts Lawyers Weekly Staff Attorneys Fees - Special motion to dismiss Where the defendants' special motion to dismiss has been allowed in large part, I find that defendant Leo P. Boudreau should be awarded...

Supreme Judicial Court Case Summaries: October 17, 2005.
October 17, 2005... Byline: Massachusetts Lawyers Weekly Staff Juvenile Dangerousness - Continuance - Bail Where a Juvenile Court judge released a juvenile on bail after ordering a continuance of a dangerousness hearing, this was beyond the judge's...

MA Appeals Court Case Summaries: October 17, 2005.(Abington Transfer Station LLC v. Board of Health of Abington)(Sabree v. Commissioner of Correction)
October 17, 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: October 17, 2005.(Massmanian v. DuBose)(John Doe No. 14480 v. Sex Offender Registry Board)(Lifescan Inc. et al. v. O'Connell)
October 17, 2005... Byline: Massachusetts Lawyers Weekly Staff Civil practice Preliminary injunction - Reinstatement of minority shareholder Where (1) the plaintiff, who owns a 30 percent interest in a closely held corporation, filed suit against the...

District Court/Boston Municipal Court Appellate Division Case Summaries: October 17, 2005.(Hunneman Real Estate Corp. v. Day)(Brief Article)
October 17, 2005... Byline: Massachusetts Lawyers Weekly Staff Appeals Failure to request rulings of law Where a plaintiff has appealed a ruling in favor of the defendants on the plaintiff's claim for a real estate commission, the appeal must fail in...

MA Appellate Tax Board Case Summaries: October 17, 2005.(Wayland Business Center Holdings LLC, et al. v. Board of Assessors of the Town of Wayland)(Brief Article)
October 17, 2005... Byline: Massachusetts Lawyers Weekly Staff Taxation Real estate - Environmental stigma Where the "Wayland Business Center" was overvalued for real estate tax purposes, the appellant owners should be granted abatements in the...

Other Agencies Case Summaries: October 17, 2005.(Archstone Communities Trust v. Woburn Board of Appeals )(Brief Article)
October 17, 2005... Byline: Massachusetts Lawyers Weekly Staff Licenses and permits Comprehensive permit - Affordable rental housing Where evidence indicates that 540 units of affordable rental housing on a Woburn site are consistent with local needs,...

Two Boston attorneys obtain $3.5M settlement for man who slipped on ice leaving work.(Neil Sugarman and Benjamin R. Zimmermann)
October 17, 2005... Byline: David E. Frank Proving liability in a slip-and-fall case is never easy. The difficulty in demonstrating that a defendant knew or should have known that a defect or dangerous condition existed pushes many cases to trial. ...

MA Superior Court judge rules business owners can't fire minority partner.(Massmanian v. DuBose)
October 17, 2005... Byline: Massachusetts Lawyers Weekly Staff A company's majority shareholders should be enjoined from firing a minority partner who brought a suit for breach of fiduciary duty against them, a Superior Court judge has decided. The...

Commentary: The kid stays on the witness stand.
October 17, 2005... Byline: Massachusetts Lawyers Weekly Staff News item: Police in Pawtucket, R.I., had to step in recently when two young boys fought over a pacifier. It started when a 6-year-old boy dropped a pacifier. Another 6-year-old boy picked it...

Boston attorney who lost his daughter to cancer forms Alex's Team Foundation.(Mark G. Miliotis)
October 17, 2005... Byline: Massachusetts Lawyers Weekly Staff Although losing his 16-year-old daughter to cancer in 2002 was devastating for Boston attorney Mark G. Miliotis, he has managed to channel the sad experience into a unique and forward-thinking...

MA Department of Industrial Accidents Case Summaries: October 17, 2005.(Re: Carey, Adam P.)(Brief Article)
October 17, 2005... Byline: Massachusetts Lawyers Weekly Staff Workers' compensation Prevailing parties - Counsel fees Where a single justice of the Appeals Court has reversed that portion of a decision awarding benefits to the claimants, an...

Verdicts & Settlements October 17, 2005: Red Sox celebrant killed by police-fired projectile.
October 17, 2005... Byline: Massachusetts Lawyers Weekly Staff $5.1 million settlement On Oct. 21, 2004, a Boston police officer who had been trained by the manufacturer of a less lethal weapon fired the weapon at a moving male target in a crowd on...

Verdicts & Settlements October 17, 2005: Man, 20, forced to undergo removal of testicle.
October 17, 2005... Byline: Massachusetts Lawyers Weekly Staff $255,000 settlement On Aug. 26, 1997, the 20-year-old plaintiff saw the defendant doctor, his primary care physician, who was also an employee of the defendant clinic. The plaintiff complained...

Verdicts & Settlements October 17, 2005: Clerk slips on ice outside store, left a quadriplegic.
October 17, 2005... Byline: Massachusetts Lawyers Weekly Staff $3.5 million settlement In January 2003, the 69-year-old plaintiff, a check-out clerk at a grocery store chain, was walking to his car at the end of his shift in the mid-afternoon. It was cold...

Massachusetts Board of Bar Overseers Admonitions: October 17, 2005.(Public Notice)
October 17, 2005... Byline: Massachusetts Lawyers Weekly Staff BBO Public Reprimand No. 2005-21 IN RE: CAROL A. GILBERT Last known office address:37 School StreetWeston, MA 02493Order (public reprimand)entered by the Board September 16, 2005SUMMARY In...

MA Lawyers in the News: October 17, 2005.
October 17, 2005... Byline: Massachusetts Lawyers Weekly Staff New associations Allan N. Shriber has joined the Worcester-based firm of Bowditch & Dewey as tax manager in the estate, financial and tax planning practice area. Francis C. Lynch and...

Notices from the Courts: October 17, 2005.(Public Notice)
October 17, 2005... Byline: Massachusetts Lawyers Weekly Staff U.S.D.C. issues notice of adoption of Local Rule 5.4, amendment to Local Rule 67.2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS PUBLIC NOTICE REGARDING ADOPTION OF NEW LOCAL...

Commentary: Securities arbitration: time to level the playing field.
October 17, 2005... Byline: Harry S. Miller Jim and Dorothy thought their retirement savings was secure in a portfolio managed by one of the nation's largest stock brokerage firms. Suddenly, they find their account is decimated by what appears to have been...

The life and times of Earle C. Cooley.(Biography)
October 17, 2005... Byline: Lisa K. Bruno On Jan. 6, 1985, as their children slept upstairs, a Lynnfield couple was fatally shot in what then-Essex District Attorney Kevin M. Burke called one of the most coldly calculated killings his office had ever...

Commentary: Letter to the Editor: Further reflections on the life of Bart Gordon.(Letter to the Editor)
October 17, 2005... Byline: Massachusetts Lawyers Weekly Staff To the editor: It was a pleasure to read Dave Yas' Oct. 3rd column remembering an outstanding attorney, Bart Gordon ("Keeping the memory of 'Black Bart' alive"). I'd like to add to those...

Commentary: Letter to the Editor: Suffolk CLE program gets thumbs up.(Letter to the Editor)
October 17, 2005... Byline: Massachusetts Lawyers Weekly Staff To the editor: I write to praise the quality of a CLE program I recently attended at Suffolk Law School, which dealt with the impact of the Crawford decision on the hearsay rule in...

1st U.S. Circuit Court of Appeals Case Summaries: October 17, 2005.(United States v. Vega-Ortiz)(United States v. Casas)
October 17, 2005... Byline: Massachusetts Lawyers Weekly Staff Criminal Sentencing - Drug testing Where a defendant has appealed his sentence, we hold that the sentence may stand, as the defendant has presented no viable challenge to a drug testing...

U.S. District Court Case Summaries: October 17, 2005.(Re: CK Liquidation Corp.)(American Twine Limited Partnership v. Whitten)(Martin v. Stericycle Inc.)
October 17, 2005... Byline: Massachusetts Lawyers Weekly Staff Bankruptcy Attorneys' fees - Fraud Where an unsecured creditor has appealed a bankruptcy judge's award of attorneys' fees paid from the bankrupt estate, the appeal must fail on the ground...

U.S. Bankruptcy Court Case Summaries: October 17, 2005.(Re: Burns, Marian P.)(Brief Article)
October 17, 2005... Byline: Massachusetts Lawyers Weekly Staff Bankruptcy Student loans - Consolidation Where (1) a debtor argues that her student loan obligations are dischargeable (under the provisions of 11 U.S.C. Sect. 528(a)(8) in effect at the...

MA Superior Court judge rules manufacturer can't compel discovery from competitor.(Lifescan Inc., et al. v. O'Connell)
October 17, 2005... Byline: Ariana L. Johnson Medical-product manufacturers could not compel discovery from a competing start-up company, even where a former employee hired by the competitor allegedly shared trade secrets, a Superior Court judge has ruled....

U.S. Magistrate Judges Case Summaries: October 17, 2005.(Rodrigues v. Genlyte Thomas Group LLC)
October 17, 2005... Byline: Massachusetts Lawyers Weekly Staff Jurisdiction Federal - Removal - Remand Where a sexual harassment case has been removed from state court, a remand must be ordered, as the plaintiff's decision to name an individual as...

Motorist may seek UM benefits despite settlement.(underinsured motorist )
October 24, 2005... Byline: Tony Wright A driver injured in a car accident may seek underinsured motorist benefits from his insurance company, even where he had earlier settled with the insurance company of the other driver who caused the collision for less...

Trustee liable under Ch. 93A for bad faith, Appleals Court rules.(Quinton v. Gavin)
October 24, 2005... Byline: David E. Frank A trustee could be found liable under G.L.c. 93A, where he advertised and sold his services to members of the public with the intention of mismanaging funds and acting in bad faith, the Appeals Court has found. ...

Officials announce opening of Family Justice Center of Boston.
October 24, 2005... Byline: Massachusetts Lawyers Weekly Staff It's no secret that the criminal justice system can further traumatize victims of domestic violence, child abuse and sexual assault. In an effort to make the process a little less upsetting,...

Massachusetts Agencies Case Summaries: October 24, 2004.(Re: Lang, Scott)(Re: Mason, David W. )(Brief Article)
October 24, 2005... Byline: Massachusetts Lawyers Weekly Staff Elections Adjunct professor - Mayoral candidate Where the petitioner (1) has been an adjunct professor at the University of Massachusetts Dartmouth on a part-time basis since 1992, (2)...

New Orleans atty. has positive outlook on hurricane aftermath.(Brief Article)
October 24, 2005... Byline: Massachusetts Lawyers Weekly Staff When New Orleans attorney I. Jay Krieger and his wife left their home and downtown law office for Massachusetts on Sept. 6 to escape the wrath of Hurricane Katrina, they only packed enough for a...

Boston atty. representing Russian oil magnate.
October 24, 2005... Byline: Massachusetts Lawyers Weekly Staff Amassing a legal file thick enough to make "War and Peace" look like a pamphlet, A. John Pappalardo continues to represent imprisoned Russian oil magnate Mikhail Khodorkovsky. Sentenced to eight...

Group of IP lawyers from Palmer & Dodge leaving to join Goodwin Procter.(intellectaul property)(Brief Article)
October 24, 2005... Byline: Massachusetts Lawyers Weekly Staff As the ink was drying on the merger agreement between Edwards & Angell and Palmer & Dodge, a group of IP lawyers and staff from Palmer & Dodge announced that they'll be joining Goodwin Procter....

Choate, Hall & Stewart launching new ad campaign.(Brief Article)
October 24, 2005... Byline: Massachusetts Lawyers Weekly Staff Choate, Hall & Stewart is honing its image with a new ad campaign called "By any measure." The print ads, adorned with photos of traffic signs, chili peppers, coffee cups and fine paintings...

Verdicts & Settlements October 24, 2005: Doctor discourages surgery for broken wrist.
October 24, 2005... Byline: Massachusetts Lawyers Weekly Staff $300,000 settlement The 53-year-old plaintiff fell at home and injured his left minor wrist. He was diagnosed at the emergency room as having suffered a Colles fracture of the left distal...

Verdicts & Settlements October 24, 2005: Despite removal of thyroid, metastatic cancer develops.
October 24, 2005... Byline: Massachusetts Lawyers Weekly Staff $1.1 million settlement The plaintiff, a 64-year-old resident who had received health care from the defendant pathologists and defendant hospital in a neighboring jurisdiction, alleged that...