Judicial Profiles
Douglas H. Wilkins
Judge
Superior Court
Superior Court Administrative Office
Three Pemberton Square
Boston, MA 02108
Phone: (617) 788-8130
Fax: (617) 788-8137
Judicial Biography
Year admitted to bar:
1978
Year appointed/elected:
2010, by Gov. Deval Patrick
Background
Education:
Harvard Law School, J.D. magna cum laude, 1978;
Harvard College, B.A. magna cum laude (1975)
Professional
Legal Employment History:
- Partner (2003-2010) and Of Counsel (1999-2002), Anderson & Kreiger LLP;
- First Assistant Attorney (1998-1999); Chief, Government Bureau (1996-1998); Chief, Trial Division (1995-1996); Chief, Litigation and Training (1991-1995); Deputy Bureau Chief (1989-1991) at Attorney General of Massachusetts;
- Associate (litigation), Palmer & Dodge (1979-1984);
- Law clerk to U.S. Senior District Judge Frank J. Murray, United States District Court (1978-1979)
General Character of Law Practice Prior to Judgeship:
Judge Wilkins has devoted significant time to pro bono work for many years, often representing indigent parties in environmental and land use matters.
Professional Activities:
Boston Bar Association; Massachusetts Bar Association; Real Estate Bar Association
- Reported Decisions
- Other Links
Opinions Summarized in Lawyers Weekly
- Workers’ compensation – Allocation – Settlement
- Contract – Unjust enrichment
- 2021 sees string of multi-million-dollar verdicts for child sex abuse
- Survivor of sexual abuse awarded record $7M
- Tort – Child rape – Damages
- Domestic relations – IRAs – Beneficiary
- Spectator injured by hockey puck can sue sports facility
- Negligence – Recreational use statute – Hockey rink
- Zoning – Standing – Visual impact
- Initial victory secured in fight to unwind real-estate fraud
- Marijuana vape sales can resume, CCC declares
- Judge orders vape ban lifted for medical marijuana users
- Judge denies bid to block reissued vaping ban
- Baker appeals order to alter vaping ban
- Administrative – Vaping ban – G.L.c. 30A, section2
- Vape ban stands but judge outlines conditions
- Arbitration – Termination – FINRA
- Arbitration – App – Terms and conditions
- Retirement – Accidental disability – Police
- Attorneys – Fees – Wrongful conviction
- MassHealth denial notice violates federal law
- Social services – MassHealth – Notice – Trust assets
- Civil service – Firefighter – Racially hostile work environment
- Judge reverses civil service ruling on firefighter
- Good faith not enough to rebut FMLA claim
- Employment – FMLA – Liquidated damages – Front pay
- Damages – Post-judgment interest – MWRA
- Social services – MassHealth – Inpatient care
- Administrative – MBEs – Portuguese ownership
- Administrative – Alcohol – Price discrimination
- Employment – Class certification – Travel pay
- Elections – Registration – 20-day limit
- Firm’s counterclaims in legal-mal case deemed SLAPP actions
- Employment – Non-compete – Solicitation
- Attorneys – Legal malpractice – Counterclaims – SLAPP
- Attorneys – Legal malpractice
- Firing of exec not ‘for cause,’ SJC rules
- Civil service panel erred in upholding cop’s firing
- Civil service – Favoritism – Police
- Employment – Travel – Wage Act – Minimum wage
- Criminal – Speedy trial
- Arbitration – Home improvement – Chapter 93A
- Tort – SLAPP – Counterclaim
- Employment – Non-compete – Litigation privilege
- Education – Residency – Joint custody
- Employee’s harassment suit not blocked by 151B
- Tort – Harassment – G.L.c. 258E
- Jury and jurors – Attorney-led voir dire
- Contract – Statute of frauds – Emails
- Employment – Disability – Pretext
- Employment – Wage Act – Overtime
- Civil practice – Unpaid judgment
- Unemployment compensation – Fair share contribution
- Banks and banking – Default – Note
- Real property – G.L.c. 183, section58 – Easement
- Contract – Home builder – G.L.c. 142A
- Environmental – Septic system – Contempt
- Civil rights – Beating – Paid detail
- Contract – Mechanic’s lien
- Civil practice – Discovery – Electronic records
- Licenses and permits – Firearm – Certiorari
- Employment – Retaliation – Whistleblower
- Real property – Prescriptive easement
- Prisons – Mootness
- Education – Limitations
- Zoning – Standing – Setback
- Social services – Intentional program violation – Department of Transitional Assistance
- Social services – Intentional program violation – Department of Transitional Assistance
- Employment – Wage Act – Voluntary dismissal
- Employment – MCAD
- Employment – Termination – Laboratory
- Damages – Motor vehicle accident
- Mortgages – G.L.c. 93A – Law firm
- Damages – Bar fight – Default
- Negligence – Slip and fall – UMass Medical Center
- Insurance – CGL – Leased worker
- Education – School business manager – Computerized license waiver
- Zoning – Mootness
- Social services – MassHealth – Procedural irregularity
- Corporate – Contract – Piercing of veil
- Employment – Discrimination
- Insurance – Motor vehicle – At-fault accident surcharge
- Arbitration – Class actions – Federal preemption
- Employment – Termination – Retaliation
- Banks and banking – Lender liability – Instrumentality theory
- Jurisdiction – Sex offender – Reclassification
- Negligence – Claim against commonwealth
- Real property – Right of first refusal
- Zoning – Appeal – Timeliness
- Patent and trademark – Infringement – Preliminary injunction
- Landlord and tenant – Criminal background check
Decisions Reviewed on Appeal
- Motor vehicles – Reckless operation – Alternate juror
- Administrative – Housing assistance – Immediate placement proviso
- Criminal – Parole – Indigency
- SJC reverses denial of expert funds for indigent prisoner seeking parole
- Criminal – Ammunition – Licensure
- Equipment that sat ‘idle’ doesn’t reduce mechanic’s lien
- Contract – Mechanic’s liens – Rental
- SJC reaffirms broad access to post-conviction DNA testing
- Criminal – DNA – Self-defense
- DNA testing ordered over self-defense claim
- Civil practice – Sex offender classification – Factor 2
- Criminal – Parole – Youth-related factors
- Parole denial for youthful offender affirmed
- Evidence – Surveillance video – Out-of-court demonstration
- Appeals Court: With hearing notice, two out of three not bad
- Criminal – Plea – Withdrawal
- Differing plea rules for District and Superior Courts upheld
- Dual proceedings don’t violate state UEFJA
- Civil practice – Foreign judgment – Domestication
- Prisons – Inmate attack – Hot pot
- Employment – DVLA – Retaliation
- Retaliation claim valid under DVLA
- Civil service – Just cause – Race – Retaliation
- SJC upholds reinstatement of Brookline firefighter whose boss uttered slur
- Search and seizure – Independent source doctrine
- Criminal – MBTA officer – Assault and battery
- Arbitration – Uber – App
- SJC rejects Uber’s arbitration agreement
- SJC modifies test for impermissible peremptory challenges
- Jury and jurors – Peremptory challenges – Race
- Labor – Overtime – State Police – Detail work
- Freedom of information – CORI – Booking photographs – Incident reports
- Appeals Court revives plaintiffs’ withdrawn consent claim
- Tort – Battery – Withdrawal of consent
- Tort – Defamation – Fair report privilege
- Fair report privilege shields journalist in UMass blotter case
- SJC dismisses vape ban appeal
- Search and seizure – Independent source doctrine
- Vape sales ban in limbo after ruling by Appeals Court judge
- Criminal – Credit – Multiple sentences
- Real property – Easement – Condominium – Fire escape
- SJC refines guidance on vacations, medical leave
- Employment – FMLA – Retaliation
- Licenses and permits – Alcohol – Kickbacks
- Criminal – Murder – Intoxication
- Tort – Defamation – Fair reporting privilege
- Criminal – Speedy trial – Unavailable witness
- Elections – Registration – 20-day period
- Constitutional – Due process – SDP
- Workers’ compensation – ‘Bodily injury’ – Correction officer – Inmate violence
- Employment – Perceived handicap – Essential duties
- Criminal – Bribery – Conspiracy
- Corporate – Termination – Cause
- Criminal – Eyewitness identification – Jury instructions
- Municipal – Concealed firearm – Retired police officer
- Criminal – Wrongful convictions – Insufficient evidence
- Licenses and permits – Fuel storage
- Arbitration – Wage Act – Bonus
- Criminal – Identification – Accomplice
- Public utilities – Ice storm – Class certification
- Social services – Transfer – Fernald
- Jurisdiction – Personal – Waiver
- Workers’ compensation – Exclusivity – Death
- Administrative – Transfer – Disabled individual
- Arbitration – Class action waiver
- Insurance – CGL policy – ‘Temporary’ worker
- Arbitration – Class action waiver – Consumer contract
- Civil practice – SDP – Expert – Compensation
Articles about the judge, quoting the judge, etc.
- CCC orders licensees to quarantine vaping products
- SJC accepts vaping ban appeals, places them on fast track
- Council approves rule to extend vape sales ban
- Elder law bar: MassHealth ‘war on trusts’ rages on
- Most of patient’s rectum removed after late diagnosis
- Unsigned P&S enforceable in wake of emails
- RIF’d employee can proceed with discrimination lawsuit
- Class arbitration agreement upheld
- Superior Court nominee OK’d
