Call Us Today!
(617) 720-2444
Expert and Cost-Effective
Legal Advice & Services
7 May 2019
Attorney Curt Dooling was recently quoted in a Massachusetts Lawyers Weekly article about the applicability of anti-SLAPP statutes to statements made on websites like Yelp and social media platforms like Facebook. https://masslawyersweekly.com/2019/01/24/west-roxbury-dentist-dodges-fee-order-in-spat-with-yelp/. In the case on which Dooling commented, DiNapoli v. Yelp, Inc., United States District Court Judge Dennis Saylor held that Yelp is not immune from all lawsuits and...
31 July 2018
The Massachusetts anti-SLAPP (Strategic Lawsuit Against Public Participation) statute, G. L. c. 231, § 59H, authorizes a party sued because of his petitioning activity to file a special motion to dismiss within 60 days of service of the complaint. The purpose of the anti-SLAPP statute is to protect individuals from harassing litigation and from the burden of defending against retaliatory...
20 November 2017
By Curtis B. Dooling Under Massachusetts law, an insurer’s duty to defend its insured is broad. An insurer has a duty to defend its insured if the allegations against the insured are “reasonably susceptible of an interpretation that states or roughly sketches a claim” that falls within the defense obligation’s scope. Billings v. Commerce Ins. Co., 458 Mass. 194, 200...
2 February 2017
Curt Dooling recently obtained a defense verdict on behalf of his clients in a jury trial in the Pittsfield District Court in Berkshire County. The plaintiff sustained multiple leg fractures after tripping over an entrance rug in a convenience store in Pittsfield, Massachusetts. Dooling represented the owner and operator of the convenience store. The plaintiff alleged that the entrance rug...
2 February 2017
Curt Dooling recently obtained a defense verdict on behalf of his clients in a jury trial in the Pittsfield District Court in Berkshire County. The plaintiff sustained multiple leg fractures after tripping over an entrance rug in a convenience store in Pittsfield, Massachusetts. Dooling represented the owner and operator of the convenience store. The plaintiff alleged that the entrance rug...
15 December 2016
Founding shareholder Bob Pierce took four cases to jury trials in 2016. The cases were tried in four separate superior courts: Essex (Newburyport), Middlesex, Suffolk, and Dukes County (Martha’s Vineyard). In three of the cases, Bob achieved defense verdicts on behalf of his clients; in the fourth, the case settled after several days of trial based on a payment of...
14 December 2016
Bob Pierce and Curt Dooling recently obtained a defense verdict on behalf of their client in a jury trial in Dukes County Superior Court on Martha’s Vineyard. The plaintiff in the case sustained a serious eye injury, which eventually led to the loss of the plaintiff’s eye, when he was struck with a golf disc designed and manufactured by Pierce...
1 December 2016
by Curtis Dooling Superior Court Judge Dennis Curran recently allowed the estate of a man who died at a YMCA facility to proceed with a wrongful death claim against the YMCA even though the decedent signed a liability release. The decedent, who was participating in an elderly exercise program at the YMCA, was found unconscious in a steam room. YMCA...
21 September 2016
Bob Pierce and Lena Finnerty obtained a defense verdict on behalf of their client in a jury trial in Middlesex Superior Court that concluded on September 19, 2016. The plaintiff in the case claimed that he suffered serious head injuries when he fell on black ice in the parking lot of the office park owned by Pierce & Mandell’s clients. ...
6 July 2016
Pierce & Mandell attorney Curt Dooling was quoted in a Massachusetts Lawyers Weekly article on the recent Supreme Judicial Court decision of DiCarlo v. Suffolk Construction Co., Inc., et al. In DiCarlo, the SJC held that pain and suffering damages were not subject to a workers compensation lien pursuant to G. L. c. 152, § 15. In the article, Dooling...
1 March 2016
by Curtis B. Dooling The Supreme Judicial Court recently held that pain and suffering damages recovered by an injured plaintiff in a third-party personal injury case were not subject to a lien held by a workers’ compensation insurer that paid benefits to the injured plaintiff. Although it is too early to tell what effect this case will have in civil...
22 January 2016
By: Curtis B. Dooling Superior Court Rule 9A governs the service and filing of all civil motions in the Massachusetts Superior Court. A thorough understanding of Rule 9A is essential to a successful litigation practice. A recent change to Rule 9A that went into effect on January 1, 2016 has simplified the manner in which reply memoranda can be filed....
11 January 2016
On January 8, 2016, an Essex County (Newburyport) jury returned a defense verdict in favor of Pierce & Mandell’s client on plaintiff’s significant personal injury claim. Bob Pierce tried the case, and Scott Zanolli assisted. The plaintiff in the case claimed that she fell on the walkway of a condominium complex due to untreated snow and ice. Plaintiff brought claims...
4 December 2015
By: Scott M. Zanolli In wrongful death cases, estates of the deceased are entitled to specific statutory damages. Under Massachusetts law, these damages are governed by G.L. c. 229, §2. A claim for wrongful death is enforced by the personal representative of the decedent’s estate for the benefit of the statutory beneficiaries. Under G.L. c. 229, §1, the beneficiaries of...
18 November 2015
By Curtis B. Dooling On New Year’s Eve 2014, an UberX driver in San Francisco struck a family crossing the street and killed a six year-old girl. This was the first – but likely not the last - tragic motor vehicle accident involving vehicles driven by Uber drivers or other ride-share companies. What propelled this story after the tragedy was...
6 November 2015
by Paul Hourihan, Pierce & Mandell, P.C. The Massachusetts Appeals Court recently extended the bar on liability provided in the Massachusetts Workers’ Compensation Act, G.L. c. 152, § 1, et seq., to protect employers whose employees are provided by a separate staffing entity. The Massachusetts Workers’ Compensation statute requires employers to obtain workers’ compensation insurance for all employees to ensure...
2 October 2015
By: Curtis B. Dooling A superior court judge recently dismissed a plaintiff’s trip and fall claim against Ward’s Berry Farm in Sharon, MA, holding that a pallet with a box of empty fruit baskets on it next to a checkout counter was not an unreasonable danger that required the store to warn customers. In the case, Belanger v. Boys in...
15 July 2015
by Paul Hourihan, Associate, Pierce & Mandell, P.C. The Massachusetts Supreme Judicial Court recently amended Rule 45 of the Mass. Rules of Civil Procedure to include language authorizing “documents only subpoenas.” Prior to this change, subpoenas in Massachusetts were deposition subpoenas: attorneys, even if they didn’t want to talk to you, would send you a subpoena that made it look...
26 March 2015
By: Dennis Lindren Pursuant to G.L. c. 221, §46A, out of state counsel may seek permission to practice law temporarily in Massachusetts pro hac vice. While the provisions of that particular statute clearly allow the Court wide discretion in deciding a pro hac vice motions (see e.g. Diluzio v. United Electrical, Radio and Machine Workers of America, Local 274, et...
6 March 2015
Seasoned Pierce & Mandell litigator and founding partner Bob Pierce may not get his NCAA Final Four Championship bracket exactly right, but he was pretty confident when reached by The Boston Business Journal this week about the effect of this biblical winter on future litigation. Unlike some past winters that were relatively mild with minimal snow and ice events, Pierce...
11 December 2014
by Robert R. Pierce and Curtis B. Dooling On December 5, 2014 the Massachusetts Superior Court issued a standing order outlining interim procedures governing attorney-conducted voir dire in Superior Court civil and criminal trials. The standing order was issued in anticipation of the implementation of G. L. c. 254, § 2, which will go into effect on February 2, 2015....
9 September 2014
CHANGES TO SUPERIOR COURT TRIAL PROCEDURE IN MASSACHUSETTS: ATTORNEY CONDUCTED VOIR DIRE AND SPECIFIC DAMAGES REQUESTS By: Robert Pierce and Natalia Smychkovich On August 6, 2014, Governor Patrick signed House Bill 4123, the “Trial Court Bill,” altering two Massachusetts statutes concerning trial procedure at the Superior Court level. The new law, effective February, 2015, will substantially alter jury trial practice...
10 July 2014
A recent decision by the Massachusetts Supreme Judicial Court alters the scope of M.G.L. ch. 143, § 51, which creates strict liability for injuries resulting from a violation of the Massachusetts Building Code. In William Sheehan vs. David B. Weaver, et al., 467 Mass. 734 (2014), the SJC did away with an antiquated distinction in the interpretation of M.G.L. ch....
1 October 2013
Pierce & Mandell, P.C. has secured an important appellate victory for a subcontractor and buyer of industrial scaffolding equipment in the appeal of a dismissal of the indemnity claims the equipment’s manufacturer. In Fraco Products, Ltd., et al. v. Bostonian Masonry Corp., the Massachusetts Appeals Court addressed whether or not the trial court erred in dismissing the indemnity claims...
11 March 2013
By: Thomas E. Kenney In Massachusetts, interest on tort cases is governed by two statutes, one providing for pre-judgment interest, and one governing post-judgment interest. G.L. c. 231, § 6B provides that where a plaintiff recovers in a personal injury claim or property damage claim, the clerk shall automatically add interest to the recovery in the amount of twelve percent...
12 February 2013
by Dennis M. Lindgren The Occupational Safety and Health Administration (OSHA) is the Federal Government Agency whose primary responsibility it is to protect workers from dangers or hazards in the workplace. OSHA accomplishes this by establishing many different guidelines, rules and requirements for employers in order to ensure that workers are as protected as possible. Unfortunately, not even OSHA can...
21 January 2013
By: Dennis Lindgren Massachusetts has one of the most expansive dog bit laws for the protection of victims, especially young children, in the United States. General Laws of Massachusetts, Chapter 140, Section 155 establishes Massachusetts as a "strict liability state," which means that a bite victim is not required to prove fault or liability on the part of the dog’s...
2 January 2013
Pierce & Mandell, P.C. congratulates our newest partner, Dennis M. Lindgren, on being named a "Rising Star," in the practice of Plaintiff's Personal Injury law by Super Lawyers 2012, a joint publication of Boston Magazine and Reuters. Rising Stars are those attorneys under the age of 40 who have been nominated by peers for excellence in their chosen practice area. ...
24 December 2012
As winter quickly approaches, so does the onset of the always unpredictable Boston winter weather. As sidewalks and parking lots start to become wet, icy and slippery, it’s important to know your legal rights as a pedestrian and your legal duties as a landowner. Historically, Massachusetts courts distinguished between natural and unnatural accumulations of snow and ice when considering whether...
18 December 2012
In Massachusetts, every insured driver carries their own personal injury protection coverage ("PIP") which, regardless of fault, will cover some portion of that person's medical bills and lost wages (anywhere between $2,000.00 and $8,000.00, depending upon the circumstances). When those drivers are injured by the negligence of another driver, and seek compensation through a personal injury claim, defendant drivers and...
HOME • ABOUT US • PRACTICE AREAS • ATTORNEYS • NEWS & EVENTS • BLOG • CONTACT US • SITEMAP • DISCLAIMER
LITIGATION • HEALTH LAW • DENTAL LAW • MEDICAL STAFF PROCEEDINGS • INSURANCE DEFENSE
BUSINESS LAW • INTELLECTUAL PROPERTY LAW • NON-PROFIT ORGANIZATIONS • EMPLOYMENT LAW • REAL ESTATE LITIGATION • LAND USE & ZONING
Copyright 2024 Pierce & Mandell, P.C. | 11 Beacon St Suite 800, Boston, MA 02108-3002 | (617) 720-2444 | Fax: (617) 720-3693
All rights reserved. Web/Marketing Solution Developed and Maintained by WSI Pro Marketing.
