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Prisons – Photocopies
Where an incarcerated plaintiff’s complaint was dismissed, the order dismissing the complaint must be reversed with respect to (1) the plaintiff’s claim that a state regulation and corresponding prison policy governing library services and photocopying procedures are being interpreted to deny inmates access to the courts and (2) a claim for damages under the Massachusetts Civil Rights Act agai[...]
Insurer sues to avoid paying $9.9M ‘torture email’ award
A liability insurer is seeking a declaration that it has no duty to pay a $9.9 million judgment facing a Dartmouth homeowner and his companion who were sued by their neighbors.
‘Torture’ email sets stage for $9.9M-and-counting award
An email threatening “torture” has three attorneys closing in on collecting more than $9.9 million for clients who claimed they endured years of harassment and obstruction while they attempted to build their dream summer home on a waterfront lot in Dartmouth.
Employment – MCRA – Preemption
Where a defendant employer has moved to dismiss a plaintiff’s Massachusetts Civil Rights Act claim, the motion should be allowed because that claim is preempted by Chapter 151B and because the plaintiff has failed to allege cognizable threats, intimidation or coercion.
Civil rights – Respondeat superior – MCRA
Where a plaintiff has brought suit contending that he was wrongfully convicted of certain crimes as a result of police misconduct, the plaintiff should be precluded from pursuing claims pursuant to the theory of respondeat superior under the Massachusetts Civil Rights Act against the defendant city of Springfield, as the plaintiff did not plead or otherwise alert the city that it was pursuing such[...]
Employment – MCRA – Fire department
Where a plaintiff has brought suit over his employment as a firefighter with the city of Springfield, his claims under the Massachusetts Civil Rights Act against the defendant fire commissioner should not be dismissed, as they are more properly considered on a more complete factual record at the summary judgment stage.
Employment – MCRA – At-will status
Where a plaintiff has asserted a count under the Massachusetts Civil Rights Act alleging that the defendant employer interfered with his exercise of his First Amendment rights by threatening to […]
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
