July 18, 2019–MG+M’s Jeff McLucas successfully defended the summary judgment dismissal of a wrongful death civil case stemming from the shooting, and ultimate death, of a drive-by shooting victim in Boston that occurred on a public sidewalk adjacent to a housing development. Holloway v. Madison Trinity Limited Partnership, 2019 WL 3227215, Appeals Court of Massachusetts No. 18-P-1323 (July 18, 2019). The decedent was shot by unidentified individuals who were never apprehended, initially paralyzed and eventually…

Defense Litigation Insider

“Close, But Still No Cigar”: Timing is Everything When Seeking Limitation or Exoneration Under the Limitation of Shipowners’ Liability Act

By Danielle T. Gauer & Raúl Chacón

July 9, 2019

A unique feature of maritime law in the United States is the Limitation of Shipowners’ Liability Act (“Limitation Act”), which provides vessel owners with a federal right to limit their liability for damage or injury following a maritime accident. 46 U.S.C. 30505. The Limitation Act is a powerful tool for maritime defense attorneys. It provides a procedure to enjoin all pending suits and to compel them to be filed in a limitation proceeding so that…

Defense Litigation Insider

Miles v. Apex Marine Lives: U.S. Supreme Court Rejects Punitive Damages for Claims of Unseaworthiness

By Raúl Chacón, Matthew Valcourt, Danielle T. Gauer & Stephanie Selman

June 27, 2019

On June 24, 2019, the United States Supreme Court issued a much-anticipated decision in Dutra Group v. Batterton, No. 18-266 (June 24, 2019). The decision settles and resolves a longstanding circuit split on whether a seaman has the right to recover punitive damages under a claim of unseaworthiness. In a 6-3 ruling, the Court held that a plaintiff may not recover punitive damages on a claim of unseaworthiness. See Id at 2. In Dutra, the…

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MG+M Obtains Judgment for Landlord in Personal Injury Lawsuit Filed by Police Officer

By Kevin W. Hadfield & Christos I. Koutrobis

May 10, 2019

MG+M Boston Attorneys Kevin Hadfield and Christos Koutrobis successfully obtained judgment on the pleadings for its client in Shepard v. AG Realty Investment, LLC, WWM-CV18-6014773-S, a personal injury case brought in the Connecticut Superior Court for the Judicial District of Putnam. Plaintiff, a police officer, was attacked and bitten by a dog while executing a search warrant at an apartment building owned by MG+M’s client. In his complaint, Plaintiff stated that the dog was…

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NYCAL Opinions on Causation May Spark Increase in Summary Judgments

By Meghan Senter & Tye C. Bell

May 9, 2019

“Insufficient evidence as a matter of law.” This language, contained in a brief one paragraph opinion in which New York’s highest court affirmed an appellate decision to set aside a jury verdict in favor of plaintiffs, describes the court’s rationale for determining that the plaintiff failed to prove her claims under the state’s jurisprudence. In Juni v. A.O. Smith Water Prods. Co., et al., Mary Juni pursued claims on behalf of her deceased husband, Arthur…

Defense Litigation Insider

Excessive Punitive Damages Awards Continue To Be An Issue In California

By Sean C. McGah

April 17, 2019

Punitive damages are meant to serve two purposes: punish the defendant for the conduct at issue in the lawsuit and deter similar conduct in the future. But, sometimes a punitive damages award goes beyond serving these two purposes and moves into the territory of violating the Due Process Clause of the 14th Amendment to the United States Constitution. The 14th Amendment, through the Due Process Clause, prohibits the imposition of grossly excessive or arbitrary punishments.…

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MG+M Prevails on behalf of a distributor before First Circuit and Overturns the District Court’s Dismissal of a Foreign Manufacturer for Lack of Personal Jurisdiction

By Thaddeus M. Lenkiewicz

March 27, 2019

Published Decision: Knox v. MetalForming, Inc., 914 F.3d 685 (1st Cir. 2019) MG+M Boston Attorneys Javier Flores, Eric Skelly, and Thaddeus Lenkiewicz authored the appellate briefing. Attorney Flores presented oral argument. The extent to which state and federal courts may exercise specific personal jurisdiction over foreign defendants has long been an area of ambiguity and disharmony. Notably, the U.S. Supreme Court’s two most recent attempts to address the issue both failed to produce…

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“Bare-Metal” Defense Treading Water Under Maritime Law

By Danielle T. Gauer & Tye C. Bell

March 19, 2019

In a 6-3 ruling on March 19, 2019, the United States Supreme Court held that, under maritime law, a product manufacturer has a duty to warn when its “bare metal” product requires incorporation of a part the manufacturer knows or has reason to know is likely to be dangerous, such as asbestos-containing components. In Air & Liquid Systems Corp., et al. v. DeVries, No. 17-1104, 586 U.S. ___ (2019), the Supreme Court examined the scope…

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Massachusetts Statute of Repose Means What it Says–Unequivocal Statutory Language Bars Asbestos Tort Claims

By Joseph S. Bussiere

March 5, 2019

Synopsis: The six year statute of repose barring negligent construction and design claims applies even in cases involving damages arising from diseases with extended latency periods such as mesothelioma. A recent decision from the Massachusetts Supreme Judicial Court (“SJC”) affirms the legislative intent and comprehensive reach of the statute of repose, G.L. c. 260, § 2B (“§ 2B”). The decision highlights the importance and need for certain defendants entrenched in personal injury asbestos litigation within…

Defense Litigation Insider

The EPA’s Threat to The New Source Performance Standards

By Hilda A. Akopyan

February 19, 2019

On September 11, 2018, the Environmental Protection Agency proposed modifications to the 2016 New Source Performance Standards, a series of regulations enacted by President Barack Obama that require the oil and gas industry to take strict precautions to reduce and avoid methane leaks due to drilling. While proponents argue that the new standards would save energy companies hundreds of millions of dollars, a vocal opposition slammed the proposed changes in the law as a public…

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MG+M Prevails at Massachusetts Appeals Court in Wrongful Death Shooting Case

“Close, But Still No Cigar”: Timing is Everything When Seeking Limitation or Exoneration Under the Limitation of Shipowners’ Liability Act

Miles v. Apex Marine Lives: U.S. Supreme Court Rejects Punitive Damages for Claims of Unseaworthiness

MG+M Obtains Judgment for Landlord in Personal Injury Lawsuit Filed by Police Officer

NYCAL Opinions on Causation May Spark Increase in Summary Judgments

Excessive Punitive Damages Awards Continue To Be An Issue In California

MG+M Prevails on behalf of a distributor before First Circuit and Overturns the District Court’s Dismissal of a Foreign Manufacturer for Lack of Personal Jurisdiction

“Bare-Metal” Defense Treading Water Under Maritime Law

Massachusetts Statute of Repose Means What it Says–Unequivocal Statutory Language Bars Asbestos Tort Claims

The EPA’s Threat to The New Source Performance Standards

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