What's New
Joseph Aronson is now providing mediation and arbitration services. To schedule a mediation or arbitration, please call (617) 951-2929 or email mediations@mccormackfirm.com.
The Boston ERISA and Insurance Litigation Blog, authored and published by McCormack Firm partner Stephen Rosenberg, has been selected as one of LexisNexis' Top Insurance Law Blogs for 2011. This is the third year in a row Mr. Rosenberg's blog has been honored by LexisNexis. True to its name, the blog covers developments in the law governing ERISA and insurance disputes, and includes detailed commentary on major pieces of litigation in these fields. Clicking on this link will bring you to LexisNexis' announcement of the award, and clicking here will bring you to the Boston ERISA and Insurance Litigation Blog. http://www.lexisnexis.com/community/insurancelaw/blogs/topblogs/archive/2011/11/11/the-winners-the-insurance-law-community-top-blogs-for-2011.aspx http://www.bostonerisalaw.com
On November 3, 2011, Attorney John Lacey was guest speaker at the Boston Bar Association's "Brown Bag Lunch" Series where he discussed pending Federal legislation in the area of data privacy and data breach notification. The event was well attended and well received by members of the Bar. For more information, please see https://www.bostonbar.org/membership/events/event-details?ID=8110
On October 26, 2011, the United States Court of Appeals For the First Circuit issued its written opinion affirming a defense verdict obtained by Robert La Hait on behalf of Stonebridge Life Insurance Company. The preceding jury trial had involved a dispute over whether the plaintiff was entitled to the death benefits payable under three accidental death policies as a result of the named insured's death. After three days of trial, including testimony by experts for each side, the jury found in favor of Stonebridge.
On May 10, 2011, Attorney John Lacey was a guest: On May 10, 2011, Attorney John Lacey was guest on Legal Talk Network's program, Lawyer2Lawyer hosted by Craig Williams and Bob Ambrogi. The Topic was the recent massive data breach at Sony Corporation. You can listen to the show here…
Attorney John Lacey's Massachusetts Data Privacy Law Blog: Attorney John Lacey’s Massachusetts Data Privacy Law Blog was recently the topic of conversation over at The LexBlog Network. John was interviewed by their editorial staff and asked about the blog’s initial success. Read more here…..
After joining the firm in January of this year: After joining the firm in January of this year to develop a data privacy and security practice area here at McCormack, John Lacey started a blog. Mass Data Privacy Law Blog can be found at www.massdataprivacy.com and has recently been singled out by LexBlog for it’s almost immediate popularity. See "Best in the Law Blogs" from June 8th.
Rollins Square offers suggestions on "Going Green:" Earlier this year, Rollins Square Condominium Association, which is located on Washington St. in the SoWa District, won a "Green Award" from Mayor Menino in the residential category. Rollins Square was recognized for the award based on its many initiatives to reduce waste and become more energy efficient. Continue reading >>
"Featured in Lawyers Weekly:" In a case of first impression, the Massachusetts Appeals Court has ruled that the waiver of subrogation provision contained in the AIA Standard Form Agreement applies to post-construction losses. David Mitrou, who successfully obtained summary judgment for the defendant sprinkler company, stated in Lawyer’s Weekly that a contrary decision on appeal “would have made construction contracting extremely expensive in Massachusetts.” See the article listed as “Featured Story” in Lawyer’s Weekly. The case is MiddleOak Ins. Co. v. Tri-State Sprinkler Corp., No. 09-P-1254 (Mass. App. Ct. August 4, 2010). See Decisions Section for full body of opinion.
"Invasion of Privacy:" On October 6, 2010, Mary-Elise Connolly brought in a jury verdict in Barnstable Superior Court in favor of the defendant dermatologist, in an invasion of privacy case brought by a patient whose pre and post treatment photographs appeared in the National Enquirer. The jury found that the plaintiff had given her written consent to the doctor for the release of her treatment photographs to an aesthetic technology company for use in the company’s advertising.
"ERISA Seminar:" Stephen Rosenberg presented a seminar to the Professional Liability Underwriting Society on October 7, 2010 entitled “I Have to Retire On This? ERISA and the 401(k) Turn 30.”
“Fiduciary Liability Webinar:" Stephen Rosenberg presented BrightScope’s September Advisor Success Webinar on September 23, 2010 on the topic of Fiduciary Liability and Exposure.
"Personal Injury:” Nadine Bailey successfully argued on appeal that defendant landscaping company owed no duty of care to the plaintiff who slipped and fell down stairs at her apartment building. In May 2010, the Massachusetts Appeals Court affirmed the Worcester Superior Court’s grant of summary judgment in favor of the defendant. The case is Kimberly Molloy v. Board of Directors of Laurel Green, et al., No. 09-P-0839 (Mass. App.Ct. May 24, 2010).
"Social Host:" Nadine Bailey successfully argued on appeal that the mother of a 16 year old son was not liable to the plaintiff pursuant to M.G.L. c. 138, §34 because there was no evidence that the mother (homeowner) knew that underage individuals were consuming alcohol on her property prior to making them leave her property. The Massachusetts Appeals Court affirmed the Bristol Superior Court’s grant of summary judgment in favor of the defendant. The case is Jose Raposo v. Tracy Froh and Nathan Edwards, No. 09-P-0850 (Mass. App.Ct. March 24, 2010).
“Asset Sale:” In August 2010, Stephen Rosenberg, with the assistance of Mary-Elise Connolly, represented a Massachusetts based software developer and his software company in the successful sale of its assets, including enterprise search connector software, intellectual property rights and licenses, to a larger New York enterprise search software company.
The problem frequently arises in multi-unit buildings because smoke, and its smell, travels through ventilation ducts and into the common area hallways. Smoking is not a protected right. Smokers have no grounds to object to the no smoking restriction—if the requisite number of unit owners approves the change.
"Product Liability:" Stephen Rosenberg and Eric Brodie brought in a jury verdict for two defendants, one an international manufacturer and the other a prominent retailer, in a product liability case brought by a consumer who had been seriously injured in an accident that the McCormack lawyers depicted to the jury as resulting solely from the plaintiff’s misuse of the product. The case’s turning point was Eric Brodie’s skillful presentation of the defendants’ expert witness, whose testing disproved certain key factual testimony that the plaintiff’s case relied upon.
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