Where the dismissal of a negligence complaint has been reversed by the 1st U.S. Circuit Court of Appeals, the defendant’s motion for reinstatement of the prior dismissal decision should be allo...
https://masslawyersweekly.com/2024/09/19/negligence-ftca-westfall-act/
A Superior Court judge has ruled that defendants allegedly responsible for a car accident could be liable for the fatal drug overdose of a passenger who, prior to surgery for injuries he suffered...
https://masslawyersweekly.com/2024/09/19/eggshell-skull-rule-applies-to-drug-addiction/
Where a defendant auto insurer denied a plaintiff chiropractor’s request for PIP benefits, the insurer was within its statutory rights to refuse any additional payments to the plaintiff beyond ...
https://masslawyersweekly.com/2024/09/17/insurance-pip-threshold/
Where (1) a passenger in a vehicle suffered a fractured nose in an accident allegedly caused by the negligence of the defendants, (2) the passenger, a recovering drug addict, was prescribed narco...
https://masslawyersweekly.com/2024/09/11/negligence-preexisting-condition-drug-addiction/
Where (1) a university contracted with a company to provide a shuttle service to the university’s campus, (2) a shuttle bus crash left one passenger dead and several others gravely injured, and...
https://masslawyersweekly.com/2024/09/11/negligence-vicarious-liability-apparent-authority/
Where a putative class action has been brought over a data breach, the complaint should not be dismissed for lack of standing, as the plaintiffs have plausibly shown injury in fact and they meet ...
https://masslawyersweekly.com/2024/08/28/negligence-data-breach-standing/
Where a plaintiff has brought suit claiming that he and his son were defamed by a Netflix program about the “Varsity Blues” scandal, dismissal of the complaint is not warranted under the fair...
https://masslawyersweekly.com/2024/08/21/tort-defamation-varsity-blues/
Where a defendant has moved to dismiss defamation counts brought by her ex-husband and his new wife, the motion should be denied because application of the litigation privilege would be premature...
https://masslawyersweekly.com/2024/08/20/tort-defamation-litigation-privilege-4/
Where three out-of-state defendants have moved to dismiss a defamation complaint, that motion should be allowed because the plaintiff has not sufficiently alleged that any of defendants’ purpor...
https://masslawyersweekly.com/2024/08/20/jurisdiction-purposeful-availment-defamation/
Where a U.S. District Court judge ruled as a matter of law that a defendant in a medical malpractice suit was covered by a Puerto Rico statutory cap on damages, the judge erred, as the applicabil...
https://masslawyersweekly.com/2024/08/15/damages-puerto-rico-law-cap/