LexisNexis® Legal Newsroom
Massachusetts Court Allows Consideration of Extrinsic Evidence

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in BioChemics, Inc. v. AXIS Reinsurance Co ., 2013 U.S. Dist. LEXIS 111218 (D. Mass. Aug. 7, 2013) [ enhanced version available to lexis.com subscribers ], the United States District Court for the District...

Vetstein Law Group: Included In the Sale? Surround Sound Speakers, Decorative Mirrors, and Other Thorny Fixture Issues

By Richard D. Vetstein, ESQ I had a interesting situation come up the other day during a pre-closing walk-through. Unbeknownst to me or the listing agent, the seller had removed wall-mounted speakers from the living room, leaving gaping holes with the built-in surround sound speaker wires hanging...

Vetstein Law Group: Boston Landlords Given Extension To August 31 To Comply With New Registration & Inspection Ordinance

By Richard D. Vetstein, ESQ With an abysmal 20% compliance rate, the City of Boston Inspectional Services Department is giving Boston area landlords until August 31, 2013 to register their rental units under a new registration and inspection ordinance. Under the recently-approved ordinance, every...

Closed! Government Shutdown’s Effect On Massachusetts Real Estate Market

I’ve been glued to CNN in recent days, watching incredulously as those buffoons in Washington grind our government to a halt. I though for sure that a midnight deal would have been struck, but I woke up this morning with the dreaded news that the government has indeed shutdown. I’ve been...

Another 'When...Released' Habeas Victory: Gordon v. Napolitano

"Plaintiff, a lawful permanent resident being held by the government pursuant to 8 U.S.C. § 1226(c), has brought a petition for writ of habeas corpus seeking an individualized bond hearing to challenge his immigration detention. ... the plain language of the statute, Congress's intent in...

State Net Capitol Journal: Health Exchange Enrollments Lag In First Month

Only three states — Connecticut, Rhode Island and New York — reached their enrollment targets in the first month of open enrollment in the health insurance exchanges created under the Affordable Care Act. All three states, which run their own exchanges, actually exceeded their targets, with...

State Net Capitol Journal: States Laboratories Of Health Care Finance

Under a program created by the Affordable Care Act called the State Innovation Models Initiative, six states — Arkansas, Maine, Massachusetts, Minnesota, Oregon and Vermont — began testing new health care financing models this year. Colorado, New York, and Washington will be next up to try...

William A. Ruskin: Comcast May Be A Class Action Game-Changer, But Not In Boston

By William A. Ruskin | In Comcast Corp. v Behrend , 133 S.Ct. 1426 (March 27, 2013) [ enhanced opinion available to lexis.com subscribers ], the Supreme Court held that the lower court erred in failing to consider flaws in plaintiffs' damages model merely because the damages model would be pertinent...

Have Massachusetts Attorneys Resolved to Cooperate in 2014?

About 40 percent of Americans apparently make New Year’s resolutions. Of those, 8 percent are said to stick with them. So the vast majority of us either think we are fine as we are or have simply resigned ourselves to our current waistlines, how many cigarettes and bottles of beer we consume, and...

SJC Rules Housing Court Can Hear Title Challenges In Post-Foreclosure Evictions

Courts Will Likely Face Increased Caseload Giving an early Christmas present to distressed homeowners, the Supreme Judicial Court ruled last month that a foreclosed upon homeowner may challenge a bank’s title and foreclosure sale irregularities through counterclaims in a post-foreclosure...

Indefinite Detention Class-Action Injunction: Reid v. Donelan

"The court, reaffirming its view that § 1226(c) includes a six-month “reasonableness” limitation on the length of no-bail detention, will formally award the class judgment as a matter of law. ... [B]ecause the court possesses jurisdiction to issue class-wide equitable relief and...

Pfizer To Pay $325M To Settle Neurontin 3rd-Party Payer, Antitrust Class Action

BOSTON — (Mealey’s) Pfizer Inc. has agreed to a $325 million class settlement of claims by third-party payers that allege that the off-label promotion of the epilepsy drug Neurontin violated the Racketeer Influenced and Corrupt Organizations Act and that the drug maker’s efforts to...

News Excerpts From the June 15, 2014, Bender’s Immigration Bulletin

Report Highlights Economic Benefits of Public Defenders in Removal Proceedings A report released in late May by the global consulting firm NERA concluded that the fiscal savings to the government could well offset any costs associated with providing government-funded attorneys to indigent noncitizens...

Foley & Lardner LLP: Landmark Massachusetts Net-Metering Bill Goes Up in Smoke as Watered-Down Compromise Bill Is Agreed to on Last Day of Legislative Session

By John A. Eliason and Kurt R. Rempe An eleventh-hour compromise by the Massachusetts House Ways and Means Committee effectively gutted the highly publicized net metering and solar power bill, which, as proposed, was considered by many including the Solar Energy Industries Association (SEIA) to be...

Foley & Lardner LLP: Energy Innovation in the Northeast Boosts the Solar Market

By Samuel J. Scroggins Connecticut, Maine, Massachusetts, New Hampshire, New York, and New Jersey are pioneering some of the nation’s most interesting developments in the retail energy space today that have important implications for the solar industry. In Massachusetts, the state has built...

Jurors Return Defense Verdict In Massachusetts’ 2nd Pelvic Mesh Bellwether Trial (Watch The Video Of Closing Arguments)

LOWELL, Mass. — (Mealey’s) A Massachusetts state court jury on Aug. 29 returned a defense verdict for Boston Scientific Corp. after 2-1/2 days of deliberations in the state’s second bellwether pelvic mesh trial ( Maria Cardenas v. Boston Scientific Corp. , No. MICV2012-02912, Mass....

Paid Sick Leave Passes in Massachusetts

Employees also have to make a good faith effort to notify the employer in advance if the need for earned sick time is foreseeable. On November 4, 2014, voters in Massachusetts passed a ballot initiative that entitles employees in Massachusetts to earn and use sick time. Massachusetts now joins Connecticut...

Injunction Blocks Immigration Scammer in Mass.

"A Waltham man and his company have been ordered by a judge to stop engaging in the unauthorized practice of law and to stop providing services related to immigration matters, Attorney General Martha Coakley announced today. The complaint, filed in Suffolk Superior Court, alleges that since at...

Massachusetts High Court Affirms $63 Million Children’s Motrin Verdict For Child, Parents

BOSTON — (Mealey’s) The Massachusetts Supreme Judicial Court on April 17 affirmed a $63 million Children’s Motrin verdict, finding that the plaintiffs’ warning claim is not preempted, that its key expert was qualified to testify about causation and that the awards for the victim...

Massachusetts Court Rejects The ‘Evil Twin’ Rationale For DNA Test

After the brutal 2012 murder of Barbara Coyne in Boston, police identified Timothy Kostka as a suspect from fingerprints, one bloody, at the scene, and videotape from a nearby store showing an individual who looked like Timothy engaged in a transaction near the lottery machine shortly after the victim...

Barnes & Thornburg LLP: HIPAA Settlement – Improper Storage Of EPHI

By Stacy L. Cook On July 10, 2015, the Office for Civil Rights (OCR) announced a HIPAA settlement with St. Elizabeth’s Medical Center (SEMC), a tertiary care hospital in Brighton, Massachusetts. SEMC has agreed to pay $218,400 and adopt a robust corrective action plan. The settlement is the...

Massachusetts Law Sets Forth Fiduciary Responsibilities For Guardians And Provides Limits

By Honorable Jennifer Rivera Ulwick Unlike conservators, guardians do not handles finances, acting as conservators as they may have in the past when appointed as "guardian of the estate." Unless otherwise provided by the court, the guardian is limited to making decisions regarding the incapacitated...

Warner Chilcott Pleads Guilty, Pays $125M In Criminal, Civil Fines For Fraud

BOSTON — (Mealey’s) Pharmaceutical company Warner Chilcott on Oct. 23 pleaded guilty to health care fraud, and its former president was arrested for conspiracy to pay kickbacks to physicians, the U.S. Attorney for the District of Massachusetts announced Oct. 29 ( United States of America...

PROPOSED SETTLEMENT FOR UBER DRIVERS REJECTED

An attempt by Uber Technologies, Inc. to settle a class action brought by approximately 350,000 drivers who claimed they were employees and as such, entitled to various expenses, was rejected by U.S. District Judge Edward Chen in San Francisco, who found the settlement unfair, inadequate, and unreasonable...

AARON HERNANDEZ MURDER CONVICTION VACATED FOLLOWING SUICIDE

The first-degree murder conviction of former New England Patriots tight end Aaron Hernandez, arising from the 2013 shooting death of fellow player, Odin L. Lloyd, was vacated due to Hernandez’s suicide while incarcerated. Hernandez was found hanging in his maximum security prison cell on April...