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No Recovery for Personal Injuries where Court Sees Defamation but No Malice

(This Boston Accident and Injury Lawyer Blogpost is the Last in a Three Part Analysis of a Recent U.S. Appeals Court Ruling involving defamation, public officials and the news media Click here to view Part One and Click Here to view Part Two) PART THREE : THE COURT RULES ON THE DEFAMATORY…

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“Negligent” vs. “Malicious” Reporting: When is the Line Crossed? Boston Injury Lawyer Discusses Issue

(This BlogPost written by Boston Personal Injury Attorney, the attorney, is the Second in a Three Part Analysis of a Recent U.S. Appeals Court Ruling involving defamation, public officials and the news media Click here to view Part One) PART TWO – FOX & FRIENDS READS AND REACTS On April 24, a line…

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Boston Accident Attorney Discusses Case involving Alleged Defamation by “Fox & Friends” Hosts

(This Blogpost is the First in a Three Part Series by Boston Injury Lawyer, the attorney, who analyzes an interesting recent U.S. First Circuit Court of Appeals Ruling involving defamation, public officials and the news media. Click Here to view Part Two) PART ONE – THE SCHOOL HATE CRIME INCIDENT MAKES LOCAL NEWS  …

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Personal Injury Insurer for Construction Accident Victim Cannot Recover Attorney’s Fees for Winning Declaratory Judgment Action

This Blogpost by Boston Personal Injury and Accident Laywer, the attorney, anaylzes a battle between insurers over costs of construction accident. Following a construction site accident where an insurer of a subcontractor refused to defend the general contractor, who then successfully filed a declaratory action to force the subcontractor’s insurer to…

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Company’s Internal Analysis of Potential IRS challenges is Protected Work Product says First Circuit Court of Appeals

  Internal documents prepared by a corporation, which analyze the potential success of IRS challenges to its tax returns, is protected work product and not discoverable by the IRS as part of a subsequent investigative subpoena, according to the U.S. First Circuit Court of Appeals. In this case, Textron, Inc.…

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Bank is Liable for for Conduct as Fiduciary in Sale of Cape Cod Property which Ignored Lessee’s Right of First Refusal says Massachusetts Appeals Court

The Massachusetts Appeals Court has determined that a bank, acting as a fiduciary under a family trust, was liable for ignoring the provisions in a lease, which gave the lessee of a Cape Cod property used as a tree stump dump a right of first refusal with respect to purchase…

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Subcontractor who Leaves Worksite May Still Recover Arbitration Award Against General Contractor says 1st Circuit Court of Appeals

The U.S. First Circut Court of Appeals has upheld an arbitration award against the general contractor and in favor of a subcontractor who left a jobsite prior to completion of its work on a project at the Portsmouth Naval Shipyard in Kittery, Maine. The case was Eastern Seaboard Construction Co,…

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Massachusetts SJC upholds Preliminary Injunction preventing Subprime Lender from Foreclosing without Court Authority

COMMONWEALTH vs. FREMONT INVESTMENT & LOAN CO. SJC-10258, December 9, 2008. The Massachusetts Supreme Judicial Court has upheld a preliminary injunction requested by the Massachusetts Attorney General and issued by a Superior Court judge preventing a subprime lender, Fremont Investment & Loan Co., from proceeding to foreclose on property subject…

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Boston Personal Injury and Accident Lawyer Profiled

The attorney is a Boston civil trial attorney licensed to practice in Massachusetts and New York. He has been litigating in state and federal courts in Massachusetts, New York, New Hampshire, Rhode Island and Vermont for nearly thirty years. He graduated from Yale University in 1976 and from University of…

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Massachusetts Appeals Court Allows G.L. c. 93A Claim while Finding No Contract Breach

GIUFFRIDA vs. HIGH COUNTRY INVESTOR, INC. No. 07-P-751. November 24, 2008. The Massachusetts Appeals Court has ruled that a family who had “shopping and dining privileges for life”, as part of the the sale of their Saugus, Massachusetts steak restaurant, could maintain an action for unfair business practices in violation…