Allison Dunn

February 09, 2023 | Law.com

Finding courts in the First Circuit have yet to address the framework for determining whether online terms were sufficiently disclosed to provide a consent defense to a Telephone Consumer Protection Act, the U.S. District Court for the District of Massachusetts relied on recent Ninth Circuit case law in allowing a putative class action to proceed.

By Allison Dunn

6 minute read

February 08, 2023 | Law.com

"In the court's view, the allegations here are broad enough to reasonably sketch a claim that Partington had a mistaken but reasonable belief that it was authorized to cut the trees," the court said. "Such a claim would be for property damage arising out of an occurrence, meaning it would be a 'loss [that] fits the expectation of protective insurance reasonably generated by the terms of the policy,' thus triggering Nautilus's duty to defend."

By Allison Dunn

5 minute read

February 07, 2023 | Law.com

The Maine Supreme Judicial Court is accepting comments through next week on proposed amendments to bar admission rules that would allow payment of…

By Allison Dunn

2 minute read

February 06, 2023 | Law.com

Resolution 300 failed by voice vote Monday at the policymaking body's midyear meeting in New Orleans.

By Christine Charnosky | Allison Dunn

7 minute read

February 03, 2023 | Law.com

"It is ironic that a company named for an iconic symbol of freedom would concern itself with violating the free speech and other legally entitled rights of consumers," Attorney General Aaron M. Frey said in a media release. "I hope this case will remind consumers that no business can require you to waive your right to leave honest reviews of businesses and products."

By Allison Dunn

2 minute read

February 03, 2023 | Law.com

"Parris's continuous inaction at each stage of the litigation resulted in significant harm to Chaddsford in the form of a $75,000 default judgment and court-imposed sanctions of $1,225 in attorneys' fees with post judgment interest. Parris took no action to vacate the default judgment against Chaddsford and did not notify Chaddsford of the default judgment until approximately five months later," Justice Angela M. Eaves wrote on behalf of the unanimous court.

By Allison Dunn

5 minute read

February 03, 2023 | Law.com

"The specific circumstances of this case—and, more importantly, of Westport's allegations against Bosch's customers—indicates that there is a 'substantial controversy' between Bosch and Westport, that is of 'sufficient immediacy and reality to warrant the issuance of a declaratory judgment.' ... Bosch has met the Article III requirements to bring this declaratory judgment action," Judge Rossie D. Alston Jr. said.

By Allison Dunn

5 minute read

February 01, 2023 | Law.com

The attorney must attend 12 hours of continuing legal education in the substantive areas of legal ethics by May 1.

By Allison Dunn

3 minute read

January 31, 2023 | Law.com

"In addition to finding that Petitioner's claims were not frivolous, the Court does not find other evidence of Petitioner's lack of an honesty of purpose in this case," Judge John J. Tuchi wrote. "Moreover, Petitioner did not act recklessly by unreasonably multiplying these proceedings. Finding neither recklessness nor conduct tantamount to bad faith on the part of Petitioner, the Court concludes Respondent is not entitled to attorneys' fees in this matter."

By Allison Dunn

4 minute read

January 30, 2023 | Law.com

"Protecting the integrity of the jury system is critical, so we will pursue a petition for rehearing to make sure that the Court is fully aware of the dangerous precedent that this opinion represents," said Kevin Martingayle, who represented the Tyree family. "If we change one vote, the Estate will prevail, as it did at trial and should have in the Court's opinion."

By Allison Dunn

6 minute read