Lawsuits against government entities used to be very difficult to pursue. For a long time, government entities were protected by sovereign immunity, a doctrine founded on the idea the “king” could not be bothered with litigation. Eventually, the Commonwealth’s legislature changed the reliance on this precedent by enacting the Tort…
The Massachusetts Appeals Court affirmed a verdict holding the son and power of attorney of the decedent accountable for a million dollars after he removed his father’s girlfriend as the beneficiary of several accounts. The long-time girlfriend of 38 years and the defendant son were to both benefit from the division…
Massachusetts workers’ compensation is available to employees of businesses who are injured while performing duties for the employer in the scope of their employment. Whether or not benefits are issued to an injured person hinges on whether the injured person is considered to be an employee. The Massachusetts Supreme Court…
The Massachusetts Supreme Court recently determined there was no special relationship between a university and its student that would create a duty for the university to take action to prevent his suicide. Without an obligation to act, the university was not liable for the student’s death. In this Massachusetts wrongful…
The Commonwealth’s Appeals Court recently issued a Massachusetts workers’ compensation decision affirming the determinations made by the Administrative Judge and Reviewing Board granting temporary and permanent benefits to a bank teller who suffered a series of back injuries at work. The employee first reported transitory back pain in 2011, but…
The Workers’ Compensation Act has a provision that states that any employee who files a claim or accepts payment for a personal injury that occurs in the workplace releases their employer from any and all related claims. The Massachusetts appellate court recently issued a decision examining whether or not this…
The Massachusetts Appeals Court reversed the dismissal of an injured person’s claim in a recent case. The injured person was rear-ended at a stoplight and later filed a Massachusetts car accident case, claiming the accident caused her pre-existing medical conditions to be aggravated, resulting in several medical bills. The trial had…
Workers’ compensation benefits make a distinction between two categories – whether an injured employee was partially disabled or totally disabled, and whether the disability was temporary in nature or permanent. Benefits are calculated based on the combination the injured worker possesses. Administrative hearings are conducted to help determine which category…
The manufacturer of a product can be held accountable for a consumer’s injury if the company failed to warn of side effects. Federal law requires manufacturers of a generic drug to provide users with the same warning as the brand name product. Massachusetts’ highest court recently issued an opinion outlining…
If an accident occurs, both parties will likely look to insurance policies for coverage of a claim. The at-fault party, in particular, expects his or her insurance company to step in and defend the claim for them, shielding them from full personal liability. This is known as indemnification. The Appeals…