Bennett v. R.J. Reynolds Tobacco Company (Lawyers Weekly No. 09-007-18)
Late and limited personal representative lacks standing to bring tort or wrongful death claims against tobacco company defendants.
Lawyers
MHM Correctional Services, Inc., et al. v. Darwin Select Insurance Company, et al. (Lawyers Weekly No. 09-008-18)
Prison healthcare providers' claims for coverage under excess liability policies for class action lawsuits alleging inadequate inmate medical care stated a claim under professional liability coverage but not general liability coverage.
Juliand v. Stanley Services, Inc. (Lawyers Weekly No. 09-010-18)
Towing company's offer of treble damages does not moot class action alleging systematic fuel surcharge violations when complaint seeks injunctive and declaratory relief.
The Hanover Insurance Group Inc. v. Raw Seafoods, Inc. (Lawyers Weekly No. 09-011-18)
Seafood processor's insurer must provide coverage for spoiled scallops in processor's custody, which constituted a covered occurrence despite unknown cause.
Genis v. Campbell, et al. (Lawyers Weekly No. 09-009-18)
Massachusetts court denies dismissal for lack of personal jurisdiction where Ohio residents solicited plaintiff in Massachusetts, employed him remotely, and engaged in ongoing communications about a business venture.
Agenus, Inc. v. McCourt (Lawyers Weekly No. 09-004-18)
Court denies former employee's motion to dismiss trade secret and non-compete claims, rejecting anti-SLAPP defense and waiver arguments.
Josh J., a juvenile v. Commonwealth (Lawyers Weekly No. 10-017-18)
Court holds Commonwealth may revoke bail under either § 58 or § 58B when defendant released under § 58 commits crime; both statutes satisfy due process.
Mui v. Massachusetts Port Authority (Lawyers Weekly No. 10-016-18)
Sick leave compensation is not wages under Massachusetts Wage Act despite statute's non-exclusive definition of wages.
Brockton Housing Authority v. Mello (Lawyers Weekly No. 11-010-18)
Housing Authority may evict tenant for keeping controlled substances where evidence shows tenant's purposeful use of apartment for drug consumption over time, even if limited to two occasions within a month.
Jones, et al. v. Massachusetts Department of Children & Families (Lawyers Weekly No. 09-001-18)
Court dismisses negligence claims against DCF under discretionary function exemption of Tort Claims Act, finding child custody and abuse investigation decisions qualify for sovereign immunity.