Massachusetts Supreme Court Addresses Prescription Authorization in Wrongful...
The Commonwealth’s Supreme Court reviewed a new issue recently in a Massachusetts wrongful death law suit. The legal question was whether a pharmacy was required by law to notify the prescribing...
View ArticleSuperior Court of Massachusetts Holds a Limited Personal Representative Does...
Many people avoid thinking about what will happen to their property and assets after their death, and ultimately die without a will to determine how their estate will be disbursed. Family members of an...
View ArticleMassachusetts Supreme Court Declines to Hold Hospital Liable for Harm Caused...
If you seek to pursue compensation for personal injuries caused by someone else’s negligence, it is essential to retain an attorney that can identify all parties that may be responsible for your harm...
View ArticleMassachusetts Court Rules a Contractor’s Death is not a Foreseeable Risk of a...
Most personal injury claims assert a theory of liability based on negligence. Parties alleging negligence must prove a duty, a breach of the duty, and causation to recover on their claims. To show...
View ArticleDistrict Court Certifies Questions Regarding Binding Arbitration Agreements...
Wrongful death claims allow a personal representative of an estate to seek compensation for any pain and suffering their loved one experienced prior to his or her death, as well as medical expenses and...
View ArticleCourt Discusses the Limits of Expert Testimony in Massachusetts Wrongful...
When a person dies in a truck accident, the person’s loved ones will often pursue a wrongful death claim against the party that caused the crash. As commercial truck drivers have duties and obligations...
View ArticleMassachusetts Court Discusses Whether Waivers Bar Wrongful Death Claims
There are many recreational activities that present a risk of harm, and therefore, many companies that allow people to engage in such activities require participants to sign a waiver. While...
View ArticleCourt Discusses Collateral Estoppel in Massachusetts Personal Injury Cases
In most cases in which a party alleges harm due to someone else’s negligence, the injured party is required to prove the acts or omissions of the defendant constituted a breach of the duty owed to the...
View ArticleMassachusetts Court Discusses Fraudulent Joinder of Defendants
Many claims against national corporations are filed in or removed to federal court based on diversity jurisdiction. For a federal court to exercise jurisdiction over a case, though, there must be...
View ArticleMassachusetts Court Affirms Dismissal of Negligence Claim Due to Lack of...
Tragic accidents that cost people their lives sadly occur frequently throughout Massachusetts. In many instances, such incidents are caused by dangerous conditions the deceased party encountered on...
View ArticleMassachusetts Courts Discuss Independent Contractors Versus Employees
The Massachusetts Workers Compensation Act (the Act) provides that employees injured at work can recoup workers’ compensation benefits, but are barred from pursuing tort claims against their employers...
View ArticleMassachusetts Court Discusses Res Judicata in Workers’ Compensation Claims
In Massachusetts, people hurt while working will typically seek workers’ compensation benefits. While employees that sustain work-related injuries can generally recover such benefits, different rules...
View Article