"SJC: policy definition for ‘surface waters’ ambiguous," Massachusetts Lawyers Weekly (Aug. 5). MBA member Richard D. Vetstein commented on a Supreme Judicial Court decision pertaining to the definition of "surface waters" in commercial property policies covering a Norwood hospital that experienced significant damage from flooding.
"AI tools, online sleuths fuel practice niche defending researchers," Massachusetts Lawyers Weekly (Aug. 5). MBA members Richard M. Goldstein and Elizabeth J. McEvoy discussed the niche practice area of defending scientists accused of research misconduct at a time when their work faces increasing scrutiny from artificial intelligence tools and online commentators.
"Rejection of voir dire questions not abuse of discretion," Massachusetts Lawyers Weekly (Aug. 5). MBA Past President Jeffrey N. Catalano and MBA members Marc L. Breakstone and Kimberly E. Winter commented on an Appeals Court decision that a judge in a medical malpractice case did not abuse his discretion by replacing the plaintiffs’ proposed jury voir dire questions with more general questions of his own.
"Remembering Judge Chernoff: a ‘remarkable human being,’" Massachusetts Lawyers Weekly (Aug. 5). MBA member Hon. John C. Cratsley (ret.) wrote an article in tribute to his friend and colleague, MBA member Hon Paul A. Chernoff (ret.), who passed away on July 15.
"Worcester DA drops 25 criminal cases because of illegal state police recordings," Worcester Telegram & Gazette (July 31). MBA Criminal Justice Section Council Chair Barry J. Bisson and MBA member Jacqueline M. Dutton discussed the Worcester County District Attorney's Office's decision to drop 25 criminal cases after a judge ruled that they were tainted by police recordings made in violation of wiretapping laws. The article also appeared in the MetroWest Daily News, Milford Daily News and Pembroke Mariner.
"Minority owner of LLC can bring Wage Act claim," Massachusetts Lawyers Weekly (July 29). MBA Business Law Section Council member Travis J. Jacobs and MBA member Nicholas F. Ortiz commented on a Superior Court judge's decision that a minority shareholder in a limited liability corporation could be considered an employee for purposes of bringing misclassification and Wage Act claims.
"Judge: Noncompete Act precludes forfeiture of severance," Massachusetts Lawyers Weekly (July 29). MBA member Edwin F. Landers Jr. discussed a Superior Court judge's decision that a 2018 state statute prohibiting certain noncompete agreements invalidated a provision requiring a former employee to forfeit severance payments for violating a non-solicitation clause included in a 2017 employment contract.
"USMJ imposes $35K discovery sanction in contract dispute," Massachusetts Lawyers Weekly (July 29). MBA member Christopher C. Storm discussed a U.S. magistrate judge's imposition of a $35,000 sanction against defendants in a $21 million contract dispute over their delayed response to the plaintiff's discovery requests.