5/18/21
By: Victoria Fuller and Matthew Schwartz In 15 LaGrange Street Corporation v. MCAD, Civ. A. No. 20-P-726, the Massachusetts Appeals Court partially vacated a judgment entered by the Massachusetts Commission Against Discrimination (the “Commission”) against an employer to the extent it was based on the Hearing Officer’s finding that the complainant-employee was unlawfully terminated on the…
Massachusetts Appeals Court Holds Internet Postings Are Subject to the Single Publication Rule
9/11/20
By: William Gildea The Massachusetts Appeals Court recently decided a case that could have broad implications for online publishers facing defamation suits. The Massachusetts Appeals Court held that in an action for defamation founded on purported defamatory statements on a newspaper’s online website, a claimant may bring “one (and only one) cause of action for defamation…
The Courtroom Sins of Your Attorney: Punishable?
12/9/19
By: Thomas Hay Two recent Massachusetts cases: Wahlstrom v. IPA IV Management Company, Inc., et al., and Fitzpatrick v. Wendy’s Old Fashioned Hamburgers of New York, Inc., et al., were granted motions for a new trial following a jury verdict awarded in the plaintiffs’ favor. The courts’ decisions to award a new trial in both…
9/4/19
By: Eric Martignetti In the recent decision of Williams v. Boston Public Health Commission, the Massachusetts Appeals Court partly reversed the trial court’s dismissal of claims brought by the plaintiff against the Boston Public Health Commission (“Commission”). The plaintiff alleged negligence against the Commission arising out of the death of the plaintiff’s decedent. As alleged…
Don’t Shoot the Messenger: Tips for Avoiding Claims of Negligent Contract Negotiation
9/4/19
By: Catherine Bednar When negotiating on behalf of a client, an attorney focuses on obtaining the best possible deal, balancing the client’s needs and objectives against the other side’s demands as well as the limitations of the law. An attorney must also be mindful, however, of the possibility the client might someday bring a malpractice…