Allison Dunn

March 07, 2023 | Law.com

The full Massachusetts Supreme Judicial Court heard oral arguments Monday on whether a wrongful death claim is time-barred if the statute of limitations for personal injury claims had already expired at the time of death.

By Allison Dunn

5 minute read

March 03, 2023 | Law.com

"When a party objects to a magistrate's judgment on the ground that the judgment contains insufficient factfinding, the party should file an objection pursuant to Rule 118(a) and specifically assert that there are insufficient findings to support the magistrate's judgment. The reviewing court can then adopt the judgment, 'set the matter for further hearing before a judge or magistrate[,] or recommit the matter to the magistrate with instructions.' M.R. Civ. P. 118(a)(2)," Associate Justice Catherine R. Connors wrote on behalf of the unanimous court.

By Allison Dunn

5 minute read

March 03, 2023 | Law.com

"Despite asserting that the requested IOLTA documents were available, Respondent failed to provide adequate duplicate deposit records identifying the matters for which funds were deposited, the individual client ledgers, the general ledger, or the mandatory three-way reconciliations," the order said.

By Allison Dunn

4 minute read

March 03, 2023 | Law.com

"Virginia has a very unique view of data privacy," Beth Burgin Waller, Chair of the Cybersecurity & Data Privacy Practice at Woods Rogers, told Law.com. "If you looked at when this hit, you were really coming at an emerging time when you had Europe with [General Data Protection Regulation] GDRP and California with CCPA. Out of the gate—out-of-nowhere, almost—it felt like Virginia came running to the scene with the CDPA, the Consumer Data Protection Act."

By Allison Dunn

5 minute read

February 27, 2023 | Law.com

"Article 30 of the Massachusetts Declaration of Rights protects a prosecutor's right to decide whether to prosecute a defendant and for which offenses; a court may not impede the exercise of that right by imposing an additional requirement on the prosecution before it can refile the charges," Justice Frank M. Gaziano wrote on behalf of the SJC in Friday's opinion.

By Allison Dunn

5 minute read

February 24, 2023 | Law.com

Liberty claimed that Lamb's Evernote software data, physical data, iPhone, data, and metadata that existed was not produced through discovery.

By Allison Dunn

7 minute read

February 22, 2023 | Law.com

A federal judge has denied a Texas man's request to remand a legal malpractice lawsuit against a Maryland employment lawyer to state court, finding his claims turn on the construction of federal law.

By Allison Dunn

5 minute read

February 17, 2023 | Law.com

Walter E. Laake Jr. was the managing partner for 27 years and helped grow the firm from five to 35 attorneys.

By Allison Dunn

2 minute read

February 17, 2023 | Law.com

"Our conclusion that Peltz-Steele is overreading the passages from Janus in question draws further support from another passage in Janus itself that Peltz-Steele ignores. In explaining that the union's asserted need to charge nonunion employees agency fees to cover the costs of representing such employees in grievance proceedings did not supply a sufficiently compelling state interest to overcome heightened review, the Court noted that unions could instead use a 'less restrictive' system in which nonmember employees pay for such services only if they use them—or simply deny representation to nonmembers in grievance proceedings altogether," Chief Judge David J. Barron wrote on behalf of the unanimous panel.

By Allison Dunn

5 minute read

February 16, 2023 | Connecticut Law Tribune

"Saint Francis alleges that its injury—lost patient cases and reduced ability to compete for new patients—resulted precisely from HHC wielding control over its physicians' referrals and amassing an anticompetitive market share," Judge Sarala V. Nagala wrote. "Saint Francis has plausibly alleged that a competing hospital system without the significant market power HHC allegedly enjoys could not have caused such an injury. Specifically, as physicians leave hospitals, including Saint Francis, these hospitals become less attractive to patients of managed care plans."

By Allison Dunn

6 minute read