The Massachusetts Appeals Court today reminds litigants that where a party claims an entitlement to attorney's fees under G. L. c. 231, § 6F (the statute relating to insubstantial,
No Error in Judge's Comments about 9/11
In a decision issued today, the Massachusetts Supreme Judicial Court rejected a challenge to a criminal conviction based in part on a trial judge’s reflections about the terrorist attacks of September 11,
Supreme Judicial Court Thwarts Former Patriot's Attempted Use of Abatement ab Initio Doctrine
“Abatement ab initio” is a common-law doctrine providing “that the death of a defendant ‘pending direct review of a criminal conviction abates not only the appeal but also all proceedings had in
Medmal Case Should Have Survived Motion to Dismiss, Court Rules
Reminding parties of the importance of expert testimony in the adjudication of legal disputes, the Massachusetts Appeals Court has today vacated a medical malpractice tribunal’s prior conclusion
Form Matters: Co. Loses $2.2 Million Tax Appeal For Sending Wrong Form, Late, to Wrong Place
In a tax abatement decision issued today, the Massachusetts Appeals Court reminds litigants of the importance of precisely following statutory requirements.
Judge Says Decision "The Death Knell" for Protection Against Self-Incrimination In Digital Age
On March 6, 2019, the Massachusetts Supreme Judicial Court issued a significant decision concerning the constitutional rights of the criminally accused.
Court Guts Asbestos Claims
In an important decision issued March 1, 2019, the Massachusetts Supreme Judicial Court ruled that the the Massachusetts statute of repose applicable to construction projects is likely to bar most “black lung”
Appeals Court Again Vacates a Termination of Parental Rights
In a published decision issued today (Adoption of Chad, No. 18-P-606), the Appeals Court has again rejected a trial court judge’s termination of a parent’s rights.
SJC Makes it Easier for Employees to Prevail on Wage Act Attorney Fee Claims
In an impactful employment-related decision issued today, Ferman v. Sturgis Cleaners Inc., SJC-12602, the Massachusetts Supreme Judicial Court adopted the “catalyst test” to determine whether employees
Attorney Misses Statute of Limitations on His Own Fee Claim
The Massachusetts Supreme Judicial Court held today in Halstrom v. Dube, SJC-12598, that an attorney waited too long—a few days beyond the 6-year contract statute of limitations applicable under Massachusetts law