Product Description

Recent updates:

• Update: February 2023

  Dear Subscriber:

  Thank you for choosing to keep your copy of Massachusetts Nonprofit Organizations up to date with this 2023 revised edition. The following highlighted topics represent only a small percentage of the new material added to the title this year.

  • Cat's paw claim. See chapter 7 for a 2022 case cite and an explanation of this term in the context of employment discrimination based on evidence that a corporate reduction in force was tainted by age bias.

  • Crown Act. Chapter 7 also discusses a 2022 enactment designed to provide antidiscrimination protections by expanding the definition of race.

  • Dissolution of a Massachusetts charitable corporation. See chapter 13's new exhibit, which reflects materials from the Office of the Attorney General.

  • Medicaid. See chapter 14 for discussion of the Commonwealth's current Section 1115 Demonstration Extension (Project Number II-W-00030/I), approved September 28, 2022, and effective October 1, 2022, through December 31, 2027. The chapter lists key components of the waiver.

  • Determination of need. Chapter 14 cites the three instances, per 105 C.M.R. s. 100.726, where substantial capital expenditures and substantial changes in service related solely to research may require a determination of need (DoN). The chapter also lists project categories set forth by the DoN regulations that are subject to delegated review and final action by the commission of the DPH.

  • Mergers in the health-care industry. See chapter 14 for discussion of Vertical Merger Guidelines , meant to outline and describe theories of antitrust harm from vertical transactions. While these guidelines were withdrawn by the Federal Trade Commission shortly in 2022, the FTC and the Department of Justice solicited public comment in 2022 on how the agencies could modernize merger enforcement. The chapter notes that a draft of new merger guidelines had been expected by 2023.

  • Limited liability entities. See chapter 3 for a review of recent formal guidance with regard to the recognition of LLCs as 501(c)(3) entities.

  We at MCLE trust that you will find this new material practice to be useful in your practice and valuable in maintaining your law library..

  Cordially,

  Maryanne G. Jensen, Esq., MCLE Director of Publications

Table of Contents

Chapter 01 expand

Preliminary Steps in Representing a Client

Buy Chapter

Norman J. Fine, Esq., Law Offices of Norman J. Fine, PC

Checklist 1.1

- Information to Gather in Initial Client Meeting Buy Form

Exhibit 1A

- MassHealth Authorization Buy Form

Exhibit 1B

- Prototype of HITECH Letter Directing Hospital Records to Attorney (per ONC Final Rule) Buy Form

Exhibit 1C

- Prototype of HITECH Letter Directing Hospital Records to Patient Only (per Ciox) Buy Form

Exhibit 1D

- DHHS Model Attestation Buy Form

Exhibit 1E

- Sample Letter Declining to Take a Case Buy Form

Exhibit 1F

- Sample Client/Case Information Form Buy Form

Exhibit 1G

- Contingent Fee Agreement Buy Form

Exhibit 1H

- Application for Benefits—PIP Form Buy Form

Exhibit 1I

- Patient Authorization Form Buy Form

Exhibit 1J

- Employment Disability Form Buy Form

Exhibit 1K

- Wage and Salary Verification Form Buy Form

Exhibit 1L

- Request for Hospital Report Form Buy Form

Exhibit 1M

- Letter of Representation Buy Form

Chapter 02 expand

Ethical Issues for Personal Injury Lawyers

Buy Chapter

Philip N. Beauregard, Esq., Beauregard, Burke & Franco
Michael Franco, Esq., Beauregard, Burke & Franco

Exhibit 2A

- Mass. R. Civ. P. 1.5(f), Form A Buy Form

Exhibit 2B

- Mass. R. Civ. P. 1.5(f), Form B Buy Form

Exhibit 2C

- Contingent Fee Letter Buy Form

Chapter 03 expand

The “Standard” Massachusetts Automobile Insurance Policy

Buy Chapter

Norman J. Fine, Esq., Law Offices of Norman J. Fine, PC

Exhibit 3A

- AIB Massachusetts Automobile Insurance Policy (2016 Edition) Buy Form

Exhibit 3B

- Memorandum of Changes in the AIB Massachusetts Automobile Insurance Policy Buy Form

Exhibit 3C

- Massachusetts Division of Insurance Bulletin 2017-06 Buy Form

Chapter 04 expand

Dealing with Insurance Companies

Buy Chapter

Carroll D. Coletti, Esq., Lynch & Lynch, PC
Hon. Susan E. Sullivan, Superior Court, Commonwealth of Massachusetts

Checklist 4.1

- Checklist for Special Damages Buy Form

Checklist 4.2

- Checklist for General Damages Buy Form

Checklist 4.3

- Checklist for 93A Demand Letter Buy Form

Exhibit 4A

- Sample Letter of Representation to PIP Insurer Buy Form

Exhibit 4B

- Sample Letter of Representation to Liability Insurer Buy Form

Exhibit 4C

- Sample Written Demand for Disclosure of Policy Limits Buy Form

Exhibit 4D

- Sample Settlement Demand Letters Buy Form

Exhibit 4E

- Circular Letter to Claim Personnel: Medical Examination Buy Form

Exhibit 4F

- Sample Physician’s Examination Report Buy Form

Exhibit 4G

- Sample Written Demand for Relief Pursuant to G.L. c. 93A and G.L. c. 176D Buy Form

Exhibit 4H

- Sample Release of All Demands Form Buy Form

Exhibit 4I

- Sample Release and Settlement of Claim Form Buy Form

Exhibit 4J

- Settlement Letter to Client with Authorization to Settle Buy Form

Exhibit 4K

- Sample Minor’s Release and Indemnity Agreement Buy Form

Exhibit 4L

- Petition for Leave to Settle Pursuant to G.L. c. 152, § 15 Buy Form

Exhibit 4M

- Petition for Approval of Third-Party Settlement Buy Form

Exhibit 4N

- Sample Proof of Claim Form Buy Form

Chapter 05 expand

The Tripartite Relationship of Insureds, Insurers, and Defense Counsel—Three Views

Buy Chapter

Michael F. Aylward, Esq., Morrison Mahoney LLP
Paul M. Moretti, Esq.,
Jeffrey D. Woolf, Esq., Office of the General Counsel, Massachusetts Board of Bar Overseers

Exhibit 5A

- Sample Reservation of Rights Letter Buy Form

Exhibit 5B

- Sample Nonwaiver Agreement Buy Form

Exhibit 5C

- Sample Complaint for Declaratory Judgment Buy Form

Exhibit 5D

- Sample Excess Judgment Letter Buy Form

Exhibit 5E

- MBA Ethics Opinion No. 1991-5 Buy Form

Exhibit 5F

- Preliminary Statement of Office of Bar Counsel Buy Form

Exhibit 5G

- Sample Letter Concerning Noninvolvement in Coverage Disputes Buy Form

Chapter 06 expand

Claims Against Governmental Defendants: Chapter 258 “Public Employers” and Other Public Bodies

Buy Chapter

Amy Bratskeir, Esq., Commonwealth Mediation & Conciliation Inc.
Scott A. Spencer, Esq., CMBG3 Law

Chapter 07 expand

Liquor Liability and Other Special Issues

Buy Chapter

Michael K. Gillis, Esq., Gillis & Bikofsky, PC

Checklist 7.1

- Questions for Toxicologist Buy Form

Exhibit 7A

- Complaint: Bar Buy Form

Exhibit 7B

- Complaint: Social Club Buy Form

Exhibit 7C

- Affidavit: Bar Buy Form

Exhibit 7D

- Affidavit: Social Club Buy Form

Exhibit 7E

- Chart of Blood Alcohol Content Comparison Buy Form

Exhibit 7F

- Tax Issues and Personal Injury Litigation Buy Form

Chapter 08 expand

Accident Reconstruction

Buy Chapter

Kerry Alvino,

Exhibit 8A

- Sample Scale Diagrams Buy Form

Exhibit 8B

- Sample Weather Records Buy Form

Exhibit 8C

- Sample Time and Distance Charts Buy Form

Exhibit 8D

- Aerial Maps with Scene Evidence Inserted Buy Form

Exhibit 8E

- 3D Computer Illustrations of Impacts Buy Form

Exhibit 8F

- Photographs of Tractor-Trailer Underride Accident Buy Form

Exhibit 8G

- Pedestrian Dynamics Illustration Buy Form

Exhibit 8H

- Sample Downloads of Vehicle Crash Data Buy Form

Chapter 09 expand

Medical Issues

Buy Chapter

Christopher G. Perillo, Esq., Murphy & Riley, PC
David J. Zuares, Esq., Murphy & Riley, PC

Exhibit 9A

- Sample Client Instruction Letter Buy Form

Exhibit 9B

- Sample Medical Authorization Buy Form

Exhibit 9C

- Sample Medical Record Certification (G.L. c. 233, § 79G) Buy Form

Exhibit 9D

- Sample Medical Bill Certification (G.L. c. 233, § 79G) Buy Form

Exhibit 9E

- Sample Letter Requesting Narrative Report Buy Form

Exhibit 9F

- Composite Glossary of Common Medical Terms Buy Form

Exhibit 9G

- Estimates of Average Ranges of Motion Buy Form

Exhibit 9H

- Common Medical Symbols and Abbreviations Buy Form

Exhibit 9I

- Sample Orthopedist’s Report Buy Form

Exhibit 9J

- Sample Chiropractor’s Report Buy Form

Exhibit 9K

- Sample Neurologist’s Report Buy Form

Exhibit 9L

- Sample Neurosurgeon’s Report Buy Form

Exhibit 9M

- Sample Physical Therapist’s Report Buy Form

Exhibit 9N

- Sample Magnetic Resonance Imaging (MRI) Reports Buy Form

Exhibit 9O

- Sample CT Scan Reports Buy Form

Exhibit 9P

- Sample Myelogram Report Buy Form

Exhibit 9Q

- Sample EMG/Nerve Conduction Report Buy Form

Exhibit 9R

- Illustration of Spine Buy Form

Chapter 10 expand

Utilizing Experts in Litigation

Buy Chapter

Carol A. Kelly, Esq., CRICO/Risk Management Foundation

Exhibit 10A

- Motion of Defendant to Compel Physical Examination Buy Form

Exhibit 10B

- Proposed Form of Order Buy Form

Chapter 11 expand

Damages

Buy Chapter

J. Michael Conley, Esq., Kenney & Conley, PC

Exhibit 11A

- Model Jury Instructions on Damages Buy Form

Exhibit 11B

- Letter of Intent to Offer Pursuant to G.L. c. 233, § 79G Buy Form

Exhibit 11C

- Affidavit and Certificate Pursuant to G.L. c. 233, § 79G Buy Form

Exhibit 11D

- Request to Physician to Certify Bill, Report Buy Form

Exhibit 11E

- Sample Certified Medical Bill Buy Form

Exhibit 11F

- Request for Wage Verification and Authorization with Lost Wage Questionnaire Buy Form

Exhibit 11G

- Jury Instruction: Wrongful Death of Homemaker Buy Form

Exhibit 11H

- Outline for Deposition of Expert Medical Witness Buy Form

Exhibit 11I

- Request for Medical Narrative Buy Form

Exhibit 11J

- Sample Jury Instruction: Aggravation of Preexisting Injury Buy Form

Exhibit 11K

- Motion in Limine to Exclude Evidence of Prior Injuries Buy Form

Exhibit 11L

- Complaint for Wrongful Death Buy Form

Exhibit 11M

- Sample Jury Instruction: Failure of Plaintiff to Undergo Operation Buy Form

Exhibit 11N

- Notice of Hospital Lien Under G.L. c. 111, § 70B Buy Form

Chapter 12 expand

Plaintiff Files Suit

Buy Chapter

Philip N. Beauregard, Esq., Beauregard, Burke & Franco
Richard E. Burke, Jr., Esq., Beauregard, Burke & Franco
Michael Franco, Esq., Beauregard, Burke & Franco

Exhibit 12A

- Sample Complaint Buy Form

Exhibit 12B

- Sample Cover Sheet (Superior Court) Buy Form

Exhibit 12C

- Sample Cover Sheet (U.S. District Court) Buy Form

Exhibit 12D

- Sample Statement of Damages (District Court) Buy Form

Exhibit 12E

- Letter to Client After Suit Is Filed Buy Form

Exhibit 12F

- Sample Motion for Ex Parte Real Estate Attachment Buy Form

Exhibit 12G

- Sample Affidavit in Support of Ex Parte Attachment Buy Form

Exhibit 12H

- Sample Plaintiff’s Request for Documents Buy Form

Exhibit 12I

- Sample Notice of Taking Deposition (Rule 30) Buy Form

Exhibit 12J

- Sample Notice of Taking Deposition of a Corporation (Rule 30(b)(6)) Buy Form

Exhibit 12K

- Sample Plaintiff’s Interrogatories Buy Form

Exhibit 12L

- Sample Plaintiff’s Interrogatories Buy Form

Exhibit 12M

- Plaintiff’s Motion for Defendant’s Criminal Record Buy Form

Exhibit 12N

- Plaintiff’s Request for Admission Buy Form

Chapter 13 expand

Defendant’s Response

Buy Chapter

Joseph A. Seckler, Esq., Morrison Mahoney LLP
Joseph G. Yannetti, Esq., Morrison Mahoney LLP

Exhibit 13A

- Sample Acknowledgment Letter to Client Buy Form

Exhibit 13B

- Sample Tracking Order Buy Form

Exhibit 13C

- Sample Answer to Complaint Buy Form

Exhibit 13D

- Cross-Claim Buy Form

Exhibit 13E

- Third-Party Complaint Buy Form

Exhibit 13F

- Defendant’s Interrogatories to Plaintiff Buy Form

Exhibit 13G

- Defendant’s Interrogatories to Codefendant Buy Form

Exhibit 13H

- Request for Documents to Plaintiff Buy Form

Exhibit 13I

- HIPAA Authorization Buy Form

Exhibit 13J

- Authorization for Wage and Salary Information Buy Form

Exhibit 13K

- Request for Documents to Codefendant Buy Form

Exhibit 13L

- Cover Letter to Plaintiff’s Attorney for Notice to Offer Medical Report Buy Form

Exhibit 13M

- Cover Letter to Court for Notice to Offer Medical Report Buy Form

Exhibit 13N

- Notice of Intention to Offer Medical Report Buy Form

Exhibit 13O

- Affidavit of Counsel Buy Form

Exhibit 13P

- Affidavit Pursuant to G.L. c. 233, § 79G Buy Form

Chapter 14 expand

Alternative Dispute Resolution

Buy Chapter

Owen P. McGowan, Esq., McGowan & Associates

Checklist 14.1

- Checklist of Factors to Consider in Selecting an Arbitrator Buy Form

Exhibit 14A

- Mediation Agreement Buy Form

Exhibit 14B

- Commonwealth of Massachusetts Mediation Form Buy Form

Exhibit 14C

- Agreement for Binding Arbitration Buy Form

Chapter 15 expand

Plaintiff’s Perspective of Trial

Buy Chapter

Jeffrey D. Woolf, Esq., Office of the General Counsel, Massachusetts Board of Bar Overseers

Exhibit 15A

- Seventh Amended Superior Court Standing Order 1-88 Buy Form

Exhibit 15B

- Notice to Appear for Final Pre-Trial Conference Buy Form

Exhibit 15C

- Joint Pretrial Memorandum Buy Form

Exhibit 15D

- Plaintiff’s Motion in Limine Regarding Use of Alcohol Buy Form

Exhibit 15E

- Plaintiff’s Motion in Limine Regarding Record of Criminal Convictions Buy Form

Exhibit 15F

- Confidential Juror Questionnaire Buy Form

Exhibit 15G

- Plaintiff’s Request for Voir Dire of the Jury Buy Form

Exhibit 15H

- Plaintiff’s Supplemental Request for Voir Dire Buy Form

Exhibit 15I

- Special Questions for the Jury Buy Form

Exhibit 15J

- Order for Entry of Dismissal Nisi (30-Day Order) Buy Form

Exhibit 15K

- Stipulation of Dismissal Buy Form

Exhibit 15L

- Agreement for Judgment and Request for Execution Buy Form

Chapter 16 expand

Defendant’s Perspective of Trial

Buy Chapter

Christopher G. Perillo, Esq., Murphy & Riley, PC
David J. Zuares, Esq., Murphy & Riley, PC

Checklist 16.1

- Trial Preparation Checklist Buy Form

Exhibit 16A

- Defendant’s Motion in Limine Regarding Citation Buy Form

Exhibit 16B

- Defendant’s Proposed Jury Instructions Buy Form

Chapter 17 expand

Liens, Public Benefits, and Trusts

Buy Chapter

Heather M. Boutet, Esq., Parker | Scheer LLP
Christina T. Vidoli, Esq., Vidoli Couture, LLP

Checklist 17.1

- Trust Options to Be Considered When Dealing with a Personal Injury Settlement or Judgment Buy Form

Exhibit 17A

- Model (d)(4)(A) or Under-65 Disability Trust Buy Form

Chapter 18 expand

Protecting the Settlement Proceeds for Your Client

Buy Chapter

Neal A. Winston, Esq., Mulvena Winston, PC

Checklist 18.1

- Settlement Planning Tips for the Personal Injury Attorney Buy Form

Chapter 19 expand

An Introduction to Interstate Trucking Litigation in Massachusetts

Buy Chapter

Edward C. Bassett, Jr., Esq., Mirick, O'Connell, DeMallie & Lougee LLP

Checkklist 19.1

- Checklist of Physical Qualifications for Driving a Commercial Motor Vehicle Buy Form

Exhibit 19A

- Minimum Levels of Financial Responsibility for Property Motor Carriers Under 49 C.F.R. § 387.9 Buy Form

Exhibit 19B

- Sample Spoliation Letter Buy Form

Exhibit 19C

- Motion for Inspection and for an Order Preserving Evidence Buy Form

Exhibit 19D

- Interstate Trucking/Wrongful Death Complaint Buy Form

Exhibit 19E

- Plaintiff’s Interrogatories to Truck Driver Buy Form

Exhibit 19F

- Request for Documents to Truck Driver Buy Form

Exhibit 19G

- Interrogatories to Trucking Company Buy Form

Exhibit 19H

- Plaintiff’s Request for Documents to Trucking Company Buy Form

Author(s)