Scholz, et al. v. Delp; Scholz v. Boston Herald, Inc., et al. (Lawyers Weekly No. 10-189-15)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us SJC-11511 SJC-11621 DONALD THOMAS SCHOLZ & another[1] vs. MICKI DELP. DONALD THOMAS SCHOLZ vs. BOSTON HERALD, INC., & others.[2] Suffolk. November 4, 2014. – November 25, 2015. Present: Spina, Botsford, Duffly, & Lenk, JJ. Libel and Slander. Practice, Civil, Summary judgment, Costs. Civil action commenced in the Superior Court Department on October 12, 2007. The case was heard by John C. Cratsley, J., on a motion for summary judgment. After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review. Civil action commenced in the Superior Court Department on March 11, 2010. The case was heard by Frances A. McIntyre, J., on a motion for summary judgment, and a motion for costs was heard by her. The Supreme Judicial Court granted an application for direct appellate review. Nicholas B. Carter (Edward Foye & Seth J. Robbins with him) for the plaintiffs. Kathy B. Weinman for Micki Delp. Jeffrey S. Robbins for Boston Herald, Inc. Bruce D. Brown & Gregg P. Leslie, of the District of Columbia, & Cynthia A. Gierhart, of New York, for Reporters Committee for Freedom of the Press & others, amici curiae, submitted a brief. DUFFLY, J. In the mid-1970s, Donald Thomas Scholz, a musician, composer, recording engineer, and record producer, founded the rock band “Boston.” After many years playing in the band, Brad Delp, who was its lead singer, committed suicide on March 9, 2007. The Boston Herald, Inc., published three stories regarding Brad’s suicide, written by columnists Gayle Fee and Laura Raposa, who relied on information from Brad’s former wife, Micki Delp,[3] and various unnamed “insiders” and “friends.” Scholz filed an action for defamation in the Superior Court against Micki, arguing that the statements made by her and reported in the newspaper articles insinuated that Scholz was responsible for Brad’s suicide. Scholz later brought an action in the Superior Court for defamation and intentional infliction of emotional distress against the Boston Herald, Inc., and its two columnists (collectively, the Herald), based on the same statements as reported in the three articles. The two cases were consolidated in the Superior Court after Micki had filed a motion for summary judgment. In August, 2011, a Superior Court judge allowed Micki’s motion, Scholz appealed, and the […]
Week in Review: I-93 Overpass Improvements, Herald Building Demolition
The following were the top articles on South End Patch from April 8 to April 12, 2013: Former Herald Building Demolition, Ink Block Construction to Start See what Mayor Menino and others had to say to commemorate the former Herald Building that will soon be demolished. Improvements Coming to I-93 Overpass Find out what changes are being made to improve safety. New Book to Feature South End Residents Find out how you or your friends could be included in the South End edition of “Legendary Locals.” Five Guns, Child Found in South End Bed Bug Search Police have released more information on the small cache of guns found inside an East Brookline Street apartment on Friday. Vision for Vacancy: What Should Replace Sibling Rivalry? The long-time tenant of Tremont Street suddenly announced last week it was closed. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Categories: Arrests Tags: Building, Demolition, Herald, Improvements, Overpass, Review, Week
Former Herald Building Demolition, Ink Block Construction to Start
In a ceremony filled with memories from Boston Herald employees and hope for the future development of the neighborhood, Mayor Menino, state reps and city officials gathered in the South End on Thursday to say goodbye to the old building and welcome the new Ink Block development. Menino said he was happy to see a bridge built between the South End, Chinatown and South Boston with the new development, and the first full-sized grocery store come to the South End. “The South End deserves this type of development,” he said. “As part of the ongoing transformation of the South End, this project will grow the neighborhood’s vitality with its diverse housing mix, new pedestrian activity and retail energy.” The new development, situated at the corner of Harrison Ave and Traveler Street, will feature 475 units of housing in five buildings and 85,000 square feet of retail space, including a 50,000-square-foot Whole Foods Market, which will be the chain’s largest location in Boston. “We are thrilled to officially begin construction on what we are proud to say will become the new center of gravity for life in the South End,” said Ted Tye, managing partner of the development firm on the project, National Development. “Ink Block will transform this currently underutilized block by adding stylish neighborhood-focused, trend-setting housing, restaurants, exciting shops and entertainment options, making this the newest location for 18-hour living in Boston.” But not everyone at the ceremony was excited to see the building be torn down. Joe Fitzgerald, a 43-year veteran of the Boston Herald, reminisced about the days and long hours spent at the building, the time in 1982 when the paper was almost shut down, and the daily rumbling of the newspaper presses doing their work late into the night. “From all of us at the Boston Herald, I hope you’ll be as happy living here as we were working here,” he said. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Categories: Arrests Tags: Block, Building, Construction, Demolition, Former, Herald, Start