- Wrongful DeathIn Massachusetts law, any civil recovery for the wrongful death of an individual is governed by the terms and conditions of a comprehensive state statute, which is set forth in the General Laws in Chapter 229.
- Assault
- Construction Contracts
- Workers CompensationAdministrative judge awarded worker benefits under Workers' Compensation Act for injuries sustained while playing on softball team organized by his employer. Reviewing Board of Department of Industrial Accidents reversed administrative judge's award on employer's insurer's appeal, and worker appealed. The Appeals Court, Laurence, J., held that: (1) in determining whether worker's participation in recreational activity was purely voluntary, administrative judge erred in giving weight to worker's purely subjective perceptions of compulsion, and (2) even if worker's participation was not purely voluntary, administrative judge erred in failing to determine whether recreational activity was sufficiently related to employment.
- Premises LiabilityAfter graduating from Boston College Law School, where he served on the staff of the Annual Survey of Massachusetts Law, Mr. Brister worked at the Boston Legal Aid Society representing indigent clients before joining one of Boston's largest litigation firms. During his years there, from 1974 to 1995, Mr. Brister was the lead trial counsel in a multitude of cases in the Superior Courts of Massachusetts and the U.S. District Court. He has represented insurers, private corporations, and individuals as plaintiffs and defendants in complex cases involving products liability (with particular emphasis on safety of industrial machinery), factory and construction site accidents, medical and legal malpractice, claims against insurance companies for bad faith and unreasonable failure to settle, as well as more routine personal injury claims arising from car accidents and premises liability.
- Construction LitigationIn the course of Mr. Zandrow's legal career, he has represented parties in complex civil litigation in spinal cord injury cases, motor vehicle accident law, construction law, products liability, toxic torts, insurance law and professional malpractice cases. His specialties include appellate practice, and he has been personally involved in over 40 published decisions in the Massachusetts state and Federal courts. He has also written certiorari and friend-of-the-court briefs in four cases before the United States Supreme Court, since joining the bar of that court in 1999.
- Landlord-Tenant Disputes
- Property DamageSkyscraper owner moved for clarification of judgment in favor of adjacent landowner in action for property damage caused by construction of skyscraper. The Supreme Judicial Court, Suffolk County, James J. Nixon, J., denied motion. Request for direct appellate review was granted. The Supreme Judicial Court, Nolan, J., held that: (1) rate of postjudgment interest could be increased to 12% established by statutory amendment which became effective after judgment, and (2) trial court could order postjudgment interest after rescript.
- Personal InjuryThe firm has represented clients in contract and land use disputes, in personal injury actions arising out of construction activities, in mechanic's lien controversies, in commercial disputes regarding the condition of goods and services, in claims under the Uniform Commercial Code, and in securities litigation at both the trial and appellate levels.
- Medical MalpracticeWhen serious injuries occur or are exacerbated during the course of medical treatment, those persons so affected may consider bringing a medical malpractice claim. This article identifies some of the requirements for successfully prosecuting such a claim. ( More )
- Auto Accidents
- TrustsSpecial needs trusts are becoming increasing popular for maximizing an injured party's assets after a settlement. This article discusses special needs trusts and their potential significance when settling legal claims. ( More )