As I explored in a previous blog, the Protection of Protection of Lawful Commerce in Arms Act, 15 U.S.C. § 7901 (2005), et seq., (“PLCAA”) has shielded gun manufacturers from suit since its enactment in 2005. The law bars any civil liability action against a firearms dealer or manufacturer, except for certain limited exceptions. My […]
One of the most horrific mass shootings in the nation’s history occurred at Sandy Hook Elementary in Newtown, Connecticut. The shooter killed 20 children, all between the ages of 6 and 7, as well as 6 adults before killing himself. The families of those killed have brought a number of legal actions in response to […]
A 28-year-old man was seriously injured when a Somerville resident shot him in the neck, paralyzing him from the neck down. His family filed suit for negligence, arguing that the gun the shooter used had been wrongly returned to the shooter by the Somerville police department and the city of Somerville. The police department had […]
A former student and his parents filed a federal lawsuit alleging that the Chelmsford public school system and its employees failed to take sufficient steps to protect the student from a sexual assault at a school-sponsored football camp and from subsequent bullying and harassment by teachers and other students at Chelmsford High School (CHS). The […]
A plaintiff identified only as “Jane J.” filed suit against the state of Massachusetts under the Massachusetts Tort Claims Act (MTCA). She alleged that while she was involuntarily committed to a state psychiatric hospital, a male patient raped her while she was in the recreation room. The issue before the Massachusetts Court of Appeals was […]
A former student is suing a college in Massachusetts for negligent supervision. Specifically, the 22-year-old student believes the college is to blame for his binge drinking and subsequent assault conviction.In 2014, he pleaded guilty in Salem Superior Court to punching three students at the college. He allegedly “sucker punched” the students as they were walking across the campus in […]
A 20-year-old student–identified in legal papers only as Jane Doe–filed suit against Boston University this month, claiming the school failed to protect her from an alleged assault last fall.The plaintiff was a junior at BU when she allegedly awoke to find former MIT basketball player Samson Donick sexually assaulting her in her dorm room, asking […]
The Massachusetts Court of Appeals recently held that a plaintiff’s harassment order was wrongfully extended because there was insufficient evidence of harassment. Specifically, there was no evidence that the defendant acted with intent to cause fear, intimidation, abuse, or damage to property.Defendant Kinzy Reason and plaintiff Elizabeth Gassman lived in the same apartment in Brighton, […]
The Massachusetts Court of Appeals recently upheld a multi-million dollar judgment in favor of two daughters sexually abused by their father continuously for several years.Defendant William Kelley sexually molested and abused his two daughters, identified in court fillings as B.K. and W.K., on myriad occasions. He allegedly molested B.K. 3-5 times per week when she […]
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