Argument: September 2010

Keywords: Public Employees - Sovereign Immunity - Torts

Question Presented: Whether claims of private nuisance against public employers are subject to the limitations of the Mass. Tort Claims Act.

Facts: The defendant Mass. Department of Transportation (“MassDOT”) granted permits for certain private parties to modify a state highway next to the plaintiff’s property, as part of a construction project …

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Argument: September 2010

Keywords: Consumer Protection - Damages - Torts

Question Presented: Whether double or treble damages under c. 93A must be awarded individually against each defendant, or may be awarded jointly and severally.

Facts: The plaintiff was a tenant in the defendants’ apartment building. The two landlords (father and son) had made substantial modifications to the building without appropriate building permits and inspection. As …

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Argument: Not yet scheduled.

Keywords: Civil Procedure - Fraudulent Conveyance - Statute of Limitations - Torts

Question Presented: Whether the common law theory of fraudulent conveyance survived the passed of the Uniform Fraudulent Transfer Act.  

Facts: The plaintiff brought suit against Stephen Barnes and Christina DeYeso, alleging that he was owed substantial money by Barnes that he had been unable to collect; that Barnes had transferred …

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Argument: March 2, 2010

Keywords: Public Employees - Torts

Question Presented: Whether the Office of the Chief Medical Examiner (“OCME”) owes a duty to next of kin to provide proper identification, after being notified that it may have released misidentified remains.

Facts: The plaintiffs’ son was killed in a plane crash along with the pilot. After receiving and burying their son’s remains, the parents obtained a copy of the autopsy report …

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Amicus due February 16, 2010 - Argument: March 1, 2010

Keywords: Employment - Negligence - Respondeat Superior - Summary Judgment - Torts

Question Presented: Whether an employer can be liable for a drunk driving accident caused by an employee on the way home from a business meeting.

Facts: The defendant, Beverly Enterprises, employed John Ahern as a cook. Taking the facts in the light most favorable to the plaintiff, Ahern’s supervisor asked him to come to a …

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