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Insurance – Texas law – ACV
Where a complaint has been brought pursuant to Texas law by plaintiff homeowners alleging that the defendant insurance company breached their policy by depreciating labor costs from their actual cash value (ACV) payments, the defendant is entitled to summary judgment because the plaintiffs have not met their burden of establishing contractual damages to support their breach of contract claim.
Education – Sexual harassment – Strict liability
Where a plaintiff was sexually assaulted by his high school special education paraprofessional, who pleaded guilty to two counts of rape of a child, the plaintiff should be awarded summary judgment on Count I, alleging a violation of the right to be free of sexual harassment pursuant to G.L.c. 214 §1C.
Elections – Preemption
Where a plaintiff has challenged the validity of a Massachusetts statute (G.L.c. 51, §47C), the plaintiff is entitled to declaratory as well as permanent injunctive relief, as the National Voter Registration Act preempts the state statute’s access ban provision.
State judicial security bill targets threats to judges
Massachusetts lawmakers consider a judicial security bill to protect judges’ personal information amid rising threats and violence targeting members of the judiciary.
Criminal – Witness tampering
Where a defendant has moved to dismiss a witness tampering charge, that motion should be denied despite the defendant’s contention that the indictment against him (1) fails to state a federal offense and (2) fails for lack of specificity.
Judge denies dismissal bid in Sandra Birchmore case
A federal judge rejected a motion to dismiss charges against Matthew Farwell, a former Stoughton officer accused of killing Sandra Birchmore and her unborn child.
‘Not a federal offense’: Defense seeks dismissal in Birchmore case
Matthew Farwell's defense challenges federal jurisdiction in Boston case, arguing charges related to killing Sandra Birchmore do not meet federal statute requirements.
Labor – Injunction
Where a plaintiff union has moved for injunctive relief to prevent a defendant from implementing a planned voluntary separation program pending resolution of the union’s grievance regarding the program, the union “has failed to demonstrate that this is one of the rare cases warranting issuance of a labor injunction,” so the motion should be denied.
Arbitration – Military Lending Act – Cash advances
Where a putative class action under the Military Lending Act (MLA) has been brought against a defendant that offers cash advances, the defendant’s motion to compel arbitration should be denied because the text of the MLA demonstrates that Congress intended to preclude enforcement of arbitration agreements against servicemembers in disputes involving the extension of consumer credit.
1st Circuit reinstates legal-mal suit against patent firm
The 1st Circuit reinstated a legal malpractice suit, finding an implied attorney-client relationship and reviving claims tied to disputed patent ownership.
Commercial – Intra-enterprise doctrine – Chapter 93A
Where a defendant has moved to dismiss a G.L.c. 93A claim, that motion should be denied because the intra-enterprise doctrine does not preclude the plaintiff’s Chapter 93A claim.
Habeas seen as last chance for justice in felony murder
A Massachusetts man serving life without parole seeks federal habeas relief after the SJC reinstated a felony murder conviction rooted in shoplifting.
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
