The Massachusetts Court of Appeals recently upheld the victory of the administratrix of the estate of decedent Jeanne Ellis in her lawsuit against Dr. Peter Clarke for wrongful death and malpractice. The jury determined that defendant Dr. Peter Clarke was negligent in his care and treatment of Ellis and that his negligence was a substantial […]
The family of a woman who died from pregnancy complications at Cooley Dickinson Hospital in Northampton was recently given the authority to proceed with their wrongful death lawsuit. Paula Sampson, a 32-year-old Hadley resident, died while she was a patient at Cooley in 2013. The family sued shortly thereafter.In Massachusetts medical malpractice lawsuits, a tribunal […]
The Massachusetts Court of Appeals recently reversed a lower court’s grant of summary judgment to defendant A Plus Auto Body regarding a plaintiff’s lawsuit for negligence following a slip and fall.In February 2013, plaintiff Nicole Fleming parked her rental car on Walnut Street while going to retrieve her own car from A Plus. As she […]
Unopposed Democratic Massachusetts State Senate nominee Joseph Bonore was recently sued for crashing into a police car in Boston in the spring of 2011. He was allegedly driving while intoxicated during the early morning crash. Ironically, the 33-year-old Boncore is also an attorney who has represented DUI defendants. Boncore admitted to having two drinks prior […]
Three years ago, the NFL reached a settlement in a lawsuit brought by 5,000 athletes who had experienced concussions and developed brain diseases like Chronic Traumatic Encephalopathy (CTE) while playing for the NFL. On April 18, 2016, the United States Third Circuit Court of Appeals approved the settlement, despite complaints that it is not sufficiently […]
Pursuant to the Massachusetts Tort Claims Act, Donald Landry sued the Massachusetts Port Authority (Massport) and the city of Worcester for negligence regarding injuries sustained at the Worcester Regional Airport. Landry was pinned to a protruding metal bar by a motorized sliding gate. The Massachusetts Court of Appeals held that the defendants were not entitled to […]
This month, New England Patriots fans filed suit in the United States District Court for the District of Massachusetts to reinstate the Patriots’ first-round pick in the 2016 NFL draft. In addition to the NFL, the named defendants in the lawsuit included the NFL’s commissioner and the Patriots owner, whom the plaintiffs allege chose his […]
Pursuant to Massachusetts law, individuals who obtain workers’ compensation are prohibited from suing their bosses for the same injuries. However, employees may sue other parties for damages. When an individual receives damages from another party, the insurer is permitted to put a lien on these damages for the total of what the insurer compensated the […]
The Massachusetts Court of Appeals recently held that affidavits of Spanish-language speakers are not procedurally barred if they aren’t certified by a Spanish interpreter.Plaintiff Yepes sued C.H. Newton Builders and its subcontractors for negligence after he fell on the job. On the morning of September 7, 2010, Yepes and his coworker assembled scaffolding in a Winchester […]
In June 2010, the Food and Drug Administration (FDA) banned the use of deceptive terms such as “mild,” “low tar,” and “light” in the marketing and sale of cigarettes. The FDA reasoned tobacco companies had been promoting a decades-long lie that some cigarettes are less harmful to discourage smokers from quitting. This deception, the FDA […]
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