The Supreme Judicial Court (SJC) is slated to hear oral argument in G4S Technology LLC v. Mass. Technology Park Corp. on Monday, March 5, 2017 – a case with significant implications for construction litigation.
The dispute arises out of a $45 million public works project to build a 1200-mile fiber optic network bringing high speed
Appellate
Appeals Court: No Bad Faith For An Insurer’s Legitimate Exercise Of A Contractual Right Or Its Settlement Within The Policy Limit Without The Insured’s Consent
In a Rule 1:28 decision applying New Hampshire law, the Appeals Court affirmed the entry of summary judgment dismissing a doctor’s suit accusing her professional liability insurer of improper settlement of a claim without her consent. Johnson v. Proselect Ins. Co., 17-P-109.
The underlying trial had resulted in a $5 million judgment against the…
U.S. Supreme Court to Appellant – Time Is On Your Side
We have written previously on this blog about the importance of a timely notice of appeal in the Massachusetts Appeals Court. The issue bears revisiting in the federal courts following the decision by the United States Supreme Court in Hamer v. Neighborhood Hous. Servs. Of Chicago, No. 16-659 (November 8, 2017).
Justice Ginsburg, in…
The Scope of an Insurer’s Right to Control the Defense – OneBeacon America Ins. Co. v. Celanese Corp.
The scope of an insurer’s right to control the defense of an insured is an underdeveloped issue in Massachusetts case law, which the Appeals Court recently addressed in OneBeacon America Ins. Co. v. Celanese Corp., No. 16-P-203 (Oct. 16, 2017). The decision helps clarify the rights of an insurer when it has offered to…
What to Know about the Proposed Amendments to Local Rule 25.0 and E-Filing in The First Circuit Court of Appeals
By Ed Daley
The First Circuit Court of Appeals recently released its proposed amendments to Local Rule 25.0, governing the use of electronic document filing (“e-filing”). While Many of the proposed amendments incorporate familiar aspects of the e-filing system in Massachusetts Federal District Court, there are some notable differences and aspects to point out. The following is a…
Supreme Court Closes The Door On A Tactic Used By Plaintiffs To Appeal Denials of Class Certification
The Supreme Court recently decided a case involving an Xbox 360, although the issue before them had nothing in particular to do with the video game system itself. It got me wondering, however, how many justices would you guess have played a video game on an Xbox 360? The answer might be zero. But the…
How Long Will My Appeal Take?
Appellate lawyers are constantly asked (and asking themselves) some variant of the same question: “How long until we get a decision?” The reality is that it’s hard to know. Nevertheless, most will, after being pressed, venture a guess based on their informed experience.
To supplement our informed experience, we conducted an analysis of twenty-one recent…
Appeals Court Oral Argument Pilot Program
By Ed Daley
In April 2017, the Appeals Court launched an oral argument pilot program that staggers attorney appearance times. This means that the “old days” of arriving at oral argument before 9:30 a.m. and waiting through a series of arguments before your case is called may soon be history. The pilot program organizes the oral arguments in…
How to Write More Effectively for the Electronic Reader
I chair the Appellate Law Section of the Federation of Defense and Corporate Counsel. Members of our section recently put on a great program on how to make legal briefs more effective for judges and law clerks who read them on electronic devices rather than on paper. While the Massachusetts state appellate courts still…
Intent to Injure Can Be Inferred as a Matter of Law Barring Coverage Under a Homeowner’s Policy for Bodily Injury Expected or Intended by an Insured
On November 7, 2016, the Appeals Court heard oral argument for Liberty Mutual Fire Insurance Company v. Ryan Casey & Another (16-P-32). Defendants Ryan Casey and Evan Williams appealed a Superior Court’s summary judgment decision in favor of Liberty Mutual Fire Insurance Company (“Liberty Mutual”) that concluded that the insured, Casey, expected or intended to cause…