The Massachusetts Supreme Court recently issued a decision in Doull v. Foster in which it adopted the “but-for” standard for causation in negligence cases. The Court held that the but-for test is the appropriate standard for Massachusetts courts to employ in the vast majority of negligence cases involving multiple alleged causes of harm, almost completely eliminating the substantial factor test for causation. It did, however, carve out from that standard cases with multiple sufficient causes,…

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Removal, Remand, and Appeal: A Weedy Issue of Orders, Statutory Language, and Jurisdiction Under SCOTUS Review

By Matthew T. Giardina

April 7, 2021

The United States Supreme Court is expected to resolve a critical circuit split this term concerning a defendant’s right to appeal orders of remand based on several grounds when removal from state to federal court is triggered by federal officer or civil rights jurisdiction. To do this, the Court must examine the plain language and legislative intent of at least six different provisions contained in Title 28 of the United States Code, clarify the duties…

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Expanding specific jurisdiction factors, Supreme Court cautions against “anything goes” interpretation

By Candice C. Kusmer

March 31, 2021

The United States Supreme Court’s March 25 opinion in Ford Motor Co. v. Montana Eighth Judicial District Court, et al., 592 U.S. ____ (2021), has been highly anticipated by consumers and corporate defendants alike. Ford’s argument in the companion Minnesota and Montana cases was intriguing: even where a foreign defendant admits it has “purposefully availed” itself of the privilege of conducting activities within a state, can the forum court maintain specific jurisdiction if such conduct…

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The Legal Impact of Severe Winter Weather on Trucking and Transportation Companies

By Alexander Baker

March 11, 2021

Over the past weeks a majority of states in the United States have experienced severe winter weather that has impacted the lives of millions of Americans. With severe winter weather comes dangerous driving conditions and increases in deadly accidents. In response to the recent winter storm damage experienced throughout the country and the historic shut downs in Texas, the Federal Motor Carrier Safety Administration (FMCSA) issued a regional emergency declaration covering 33 states and the…

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The Critical Role of Litigators in Commercial Vehicle Accident Investigations

By Matthew T. Giardina

February 12, 2021

In the last several months, MG+M’s Transportation Practice Group has been retained to protect the interests of trucking companies whose drivers were involved in significant highway accidents. This is nothing new for the attorneys who comprise MG+M’s robust trucking and transportation counseling and defense practice. However, the recent actions of MG+M’s Emergency Response teams that were deployed to accident scenes have solidified the immense utility to our clients of placing litigators at a truck’s location…

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Can Physical Abuse Be Sufficient to Preclude Insurance Coverage Under an Abuse and Molestation Policy Exclusion?

By Hilda A. Akopyan

December 3, 2020

In a recent August 2020 decision, the Supreme Court of Massachusetts in. (SJC-12856) determined that molestation policy exclusions do not preclude coverage arising out of alleged assault in personal injury claims. The Court found that the term “physical abuse” was ambiguous in a homeowner’s insurance policy and a personal injury claim arising out of a physical altercation was not sufficient to trigger an abuse and molestation policy exclusion for the coverage of a bodily injury…

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Effects of COVID-19 on the Cruise Ship Industry and Legal Ramifications on Other Sectors

By Daniel Rousseau

November 19, 2020

As the COVID-19 pandemic continues to sweep across the United States and the world, it affects every industry and sector of business, including the cruise ship industry. Earlier this year, television and print media were littered with stories and videos of cruise ships quarantined at sea with passengers and crew unable to dock at port and return home. As the full scope of the pandemic came into view, the cruise ship industry, including Carnival and…

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Legal Issues Posed by Sweeping Changes to the California Workers’ Compensation Act by Executive Order N-62-20: A Primer for Employers

By Elizabeth G. Sutlian-Mardikian

August 7, 2020

Approximately three months into the unprecedented pandemic that drastically altered the way of life worldwide, states cautiously began lifting stay-at-home orders. California, one of the states hit hardest by the COVID-19 pandemic, was among these states. The gradual reopening of California’s economy was cut short as a spike in COVID-19 cases in early July 2020 resulted in Governor Gavin Newsom ordering that certain businesses with indoor operations, such as restaurants and movie theaters, cease indoor…

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COVID-19’s Impact on America’s At-Risk Population: Risk & Legal Exposure – Liability & Immunity

By Cristina M. Esposito, Megan Sullivan & Margaret Quick

July 29, 2020

As of July 20, 2020, the Centers for Disease Control and Prevention reported more than 3.7 million COVID-19 cases, resulting in more than 140,000 deaths. The virus is primarily transmitted person-to-person by droplets, aerosols and fomites. Nursing homes, rehabilitation and long-term care centers and facilities caring for people with psychiatric disabilities assist persons of a wide range of ages, but the majority of residents are elderly. Individuals that require the services of these facilities are…

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Massachusetts Appeals Court Affirms Dismissal of Non-Discriminatory Workplace Bullying Case

By Christos I. Koutrobis

July 28, 2020

On July 15, 2020, the Massachusetts Appeals Court affirmed a Superior Court decision allowing the Defendants’ motion to dismiss under Rule 12(b)(6) with respect to the Plaintiff’s employment-based claims stemming from an alleged constructive discharge brought against Lowell General Hospital and the Plaintiff’s supervisors. Kelleher v. Lowell General Hospital, 96 Mass. App. Ct. 49 (2020). The Plaintiff’s complaint involved allegations of: (1) constructive discharge; (2) defamation; (3) intentional interference with advantageous business relations; (4)…

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Manning Gross + Massenburg LLP Blogs

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Supreme Judicial Court Adopts But-for Causation Test in Most Negligence Cases and Its Impact on Toxic Tort Litigation

Removal, Remand, and Appeal: A Weedy Issue of Orders, Statutory Language, and Jurisdiction Under SCOTUS Review

Expanding specific jurisdiction factors, Supreme Court cautions against “anything goes” interpretation

The Legal Impact of Severe Winter Weather on Trucking and Transportation Companies

The Critical Role of Litigators in Commercial Vehicle Accident Investigations

Can Physical Abuse Be Sufficient to Preclude Insurance Coverage Under an Abuse and Molestation Policy Exclusion?

Effects of COVID-19 on the Cruise Ship Industry and Legal Ramifications on Other Sectors

Legal Issues Posed by Sweeping Changes to the California Workers’ Compensation Act by Executive Order N-62-20: A Primer for Employers

COVID-19’s Impact on America’s At-Risk Population: Risk & Legal Exposure – Liability & Immunity

Massachusetts Appeals Court Affirms Dismissal of Non-Discriminatory Workplace Bullying Case

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