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Recent Articles from Natalie Miller
Teen dies days after surgery for sleep apnea
In fall 2012, the plaintiff’s decedent, then 16, was treated for mental health issues and prescribed Lithium and Olanzapine. Her primary care provider then referred her to the defendant, an […]
December 2018 Judicial Assignments
December Probate & Family Court Week 1 Week 2 Week 3 Week 4 Week 5 — Available probate calendars by court: Barnstable Berkshire Bristol Brockton Dukes Essex Fall River Franklin […]
SJC puts out call for amicus briefs
The Supreme Judicial Court is seeking amicus briefs in the following cases: SJC-12621, Board of Higher Education v. Commonwealth Employment Relations Board The issue: Where a provision in the collective […]
Contract – Material breach
Where a company sued for breach of contract, claiming that the other party to the agreement failed to provide certain business records within a 90 day period, summary judgment was […]
Education – Individuals with Disabilities Education Act
Where a state provides significant funding and oversight over adult education programs designed to educate students to the level of academic competence associated with the completion of secondary school and […]
Boston Municipal Court
South Boston Division Deadline: Nov. 26 Judge Dorchester Division Deadline: Nov. 26 Judge Visit www.mass.gov and www.mad.uscourts.gov for the complete policies on the application processes.
Consumer protection – UCC – Deficiency liability
Where a woman claimed that the deficiency liability notice she received from Honda after the repossession of her car did not meet the standards required by Massachusetts law, the court […]
November 2018 Judicial Assignments
November Probate & Family Court Week 1 Week 2 Week 3 Week 4 Week 5 — Available probate calendars for September by court: Barnstable Berkshire Bristol Brockton Dukes Essex Fall […]
Landlord and tenant – Injunction – Franchise
Where a lessee/franchisee brought an action to stop its lessor from increasing the lessee’s rent as part of a plan to expand and redevelop the property, the lessee was not […]
Criminal – ACCA
Where the defendant was convicted and sentenced under a portion of the Armed Career Criminal Act for possessing a destructive device during a crime of violence, her conviction is affirmed […]
Patent and trademark – Abstract idea – Patent ineligible
Where a medical technology company sued for infringement of its patent for methods for monitoring the electrical activity of the heart, the claim is dismissed because the patented methods were […]
Mortgages – Foreclosure – Notice
Where homeowners who defaulted on their mortgage brought an action to void the foreclosure sale of their property, summary judgment should be granted despite the homeowners’ claims that the bank […]
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
