Product Description

Recent updates:

• Update: August 2021

  Dear Subscriber:

  Thank you for augmenting your library with the 2021 supplement to the Massachusetts Tort Law Manual. This latest supplement brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions.

  Highlights from the many issues addressed in this supplement include

  • the Supreme Judicial Court's adoption of the "but for" test—and elimination of the "substantial contributing factor" test—for determining causation in most negligence cases;

  • the limits of a landlord's responsibility for the actions of a tenant's pit bull;

  • a jury's use of expert testimony to help distinguish ordinary negligence from gross negligence;

  • the insufficiency of a merely custodial relationship to establish an adult's duty of care toward a child guest;

  • opinions finding for purposes of the wrongful death statute that
    • the personal representative of a decedent's estate was bound by the decedent's release, and
    • the statutory beneficiaries of a decedent's estate were bound by an arbitration agreement signed by the decedent's attorney-in-fact under a power of attorney;

  • a Supreme Judicial Court decision holding that claims for a tenant's slip and fall on snow or ice in a common area sound in tort and may not be recovered in contract under the implied warranty of habitability;

  • a $25,000 increase (effective January 1, 2020) in the procedural threshold for actions brought in the District and Superior Courts;

  • developments in law and enforcement practice relating to privacy and data security;

  • case law clarifying that certain claims against landowners involving child trespassers may be brought either as a common law claim for negligence or a statutory claim under G.L. c. 231, § 85Q;

  • duties to plaintiffs who allege that they were harmed as a result of negligent security measures;

  • the responsibilities of indemnitors and indemnitees with respect to claims implicating a contractual indemnification clause;

  • cases addressing the scope of exemptions to the Massachusetts Tort Claims Act; and

  • updated judicial commentary from Superior Court associate justice Maynard M. Kirpalani.

  We trust you will find this latest version of the Massachusetts Tort Law Manual an invaluable resource for your busy practice.

  Very truly yours,

  John M. Lawlor, Esq., MCLE Publications Attorney

• Update: May 2019

  Dear Subscriber:

  Thank you for augmenting your library with the 2019 supplement to the Massachusetts Tort Law Manual. This latest supplement brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions.

  Highlights from the many issues addressed in this supplement include

  • what if any duties a hospital owes with respect to a psychiatric patient released from commitment under G.L. c. 123, §§ 6 and 8;

  • the liability of a brand-name drug manufacturer to the purchaser of a generic form of the drug if the manufacturer "intentionally failed to update the label on its drug, knowing or having reason to know of an unreasonable risk of death or grave bodily injury associated with its use";

  • imputation of fault to a company's senior management pursuant to the in pari delicto doctrine;

  • a university's duty to protect students from sexual assault or harassment;

  • remedies that may be available for a wrongful litigation claim;

  • liability for failure to secure a vehicle that was then used without authorization to damage the plaintiff's property;

  • the standards for assessing the foreseeability of a violent act occurring on the defendant's premises; and

  • updated judicial commentary from Superior Court associate justice Maynard M. Kirpalani.

  In addition, the Massachusetts Tort Law Manual now includes as an appendix the complete contents of Obtaining and Using Medical Records in Massachusetts by Victoria M. Santoro Mair—a detailed guide to the law, procedure, available documentation, and strategy needed for effectively handling medical records in civil litigation. More than two dozen forms and other useful exhibits are included along with the text.

  We trust you will find this latest version of the Massachusetts Tort Law Manual an invaluable resource for your busy practice.

  Very truly yours,

  John M. Lawlor, Esq., MCLE Publications Attorney

• Update: July 2017

  Dear Subscriber:

  Thank you for updating your library with the 2017 edition of the Massachusetts Tort Law Manual. This latest edition brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions.

  Highlights from the many developments reflected in this edition include the following:

  • recent case law regarding inadequate warnings for medical devices;

  • the Supreme Judicial Court's holding that an affidavit submitted in a liquor liability case under G.L. c. 231, § 60J need not be based on personal knowledge, so long as it "provide[s] identifiable sources of information that are reasonably reliable, and set[s] forth details of that information";

  • recent case law on substantive and procedural considerations applicable to defamation claims;

  • further expansion of the "mode of operation" approach applied in slip-and-fall cases;

  • an update on large settlements reached in cases under the Telephone Consumer Protection Act and the Health Information Technology for Economic and Clinical Health (HITECH) Act;

  • case law on the requirements for presentment under the Massachusetts Tort Claims Act;

  • a recent U.S. Supreme Court case on equitable tolling under the Federal Tort Claims Act; and

  • extensive revisions to the book's discussions of negligent security and contribution and indemnity.

  We trust you will find this latest version of the Massachusetts Tort Law Manual an invaluable resource for your busy practice.

  Very truly yours,

  John M. Lawlor, Esq., MCLE Publications Attorney

Table of Contents

Chapter 1 expand

Negligence

Buy Chapter

Anthony E. Abeln, Esq., Morrison Mahoney LLP

Exhibit 1A

- Plaintiff’s Interrogatories to the Defendant—Company Buy Form

Exhibit 1B

- Plaintiff’s Interrogatories to the Defendant—Individual Buy Form

Exhibit 1C

- Defendant Company’s Interrogatories to the Plaintiff (Injured Party) Buy Form

Exhibit 1D

- Defendant’s Interrogatories to the Plaintiff (Consortium) Buy Form

Exhibit 1E

- Plaintiffs’ Requests for Production of Documents and Other Items to Defendant Company Buy Form

Exhibit 1F

- Defendant Company’s Requests for Production of Documents and Other Items from Plaintiff John Smith Buy Form

Exhibit 1G

- Plaintiffs’ Request for Jury Instructions Buy Form

Exhibit 1H

- Defendants’ Request for Jury Instructions Buy Form

Chapter 2 expand

Products Liability

Buy Chapter

Jeffrey C. Melick, Esq., Kajko, Weisman & Colasanti LLP

Exhibit 2A

- Product Standards Buy Form

Exhibit 2B

- Plaintiff’s Interrogatories to the Defendant Buy Form

Exhibit 2C

- Defendant’s Interrogatories to the Plaintiff Buy Form

Exhibit 2D

- Plaintiff’s Requests for Production of Documents and Other Items Buy Form

Exhibit 2E

- Defendant’s Requests for Production of Documents and Other Items Buy Form

Exhibit 2F

- Jury Instructions Buy Form

Chapter 3 expand

Medical Device Products Liability

Buy Chapter

James A. Swartz, Esq., Swartz & Swartz, PC

Checklist 3.1

- Information Required in a Premarket Approval Application Buy Form

Checklist 3.2

- Information to Request from the FDA Regarding an Allegedly Defective Medical Device Buy Form

Exhibit 3A

- References Buy Form

Exhibit 3B

- Excerpt from Quality Audit Worksheet Buy Form

Exhibit 3C

- Stages in the Development of a Medical Device Buy Form

Chapter 4 expand

Liquor Liability

Buy Chapter

Steven L. Hoffman, Esq., Board of Registration in Medicine, Commonwealth of Massachusetts

Exhibit 4A

- Plaintiff’s Interrogatories to the Defendant Buy Form

Exhibit 4B

- Defendants’ Interrogatories to the Plaintiffs Buy Form

Exhibit 4C

- Plaintiff’s Request for Production of Documents and Other Items Buy Form

Exhibit 4D

- Defendants’ Request for Production of Documents and Other Items Buy Form

Exhibit 4E

- Plaintiff’s Request for Jury Instructions Buy Form

Exhibit 4F

- Defendant’s Request for Jury Instructions Buy Form

Chapter 5 expand

Wrongful Death Claims

Buy Chapter

Jeanine E. Goodwin, Esq., McCarthy Bouley & Barry, PC
Gail M. Ryan, Esq., Sloane and Walsh LLP
Kelly Kalandyk Smith, Esq., Foster & Eldridge LLP

Exhibit 5A

- Summary of Damages in Wrongful Death Actions Buy Form

Chapter 6 expand

Emotional Distress

Buy Chapter

Patricia L. Kelly, Esq., Esdaile, Barrett, Jacobs & Mone
Gil Rochbert, Esq.,

Checklist 6.1

- Defenses to a Claim for Intentional or Reckless Infliction of Emotional Distress Buy Form

Exhibit 6A

- Plaintiff’s Interrogatories to the Defendant Buy Form

Exhibit 6B

- Defendant’s Interrogatories to the Plaintiff Buy Form

Exhibit 6C

- Model Requests for Production of Documents and Other Items Buy Form

Exhibit 6D

- Sample Jury Instructions Buy Form

Chapter 7 expand

Defamation

Buy Chapter

Jonathan M. Albano, Esq., Morgan, Lewis & Bockius LLP

Chapter 8 expand

The Warranty of Habitability

Buy Chapter

Jeffrey C. Melick, Esq., Kajko, Weisman & Colasanti LLP

Exhibit 8A

- Plaintiff’s Interrogatories to the Defendant Buy Form

Exhibit 8B

- Defendant’s Interrogatories to the Plaintiff Buy Form

Exhibit 8C

- Plaintiff’s Requests for Production of Documents and Other Items Buy Form

Exhibit 8D

- Defendant’s Requests for Production of Documents and Other Items Buy Form

Exhibit 8E

- Jury Instruction Buy Form

Chapter 9 expand

Slip and Fall

Buy Chapter

Hon. John A. Agostini, Superior Court, Commonwealth of Massachusetts

Exhibit 9A

- Plaintiff’s Interrogatories to the Defendant Buy Form

Exhibit 9B

- Defendant’s Interrogatories to the Plaintiff Buy Form

Exhibit 9C

- Plaintiff’s Request for Production of Documents and Other Items Buy Form

Exhibit 9D

- Defendant’s Request for Production of Documents and Other Items Buy Form

Exhibit 9E

- Requests for Jury Instructions Buy Form

Chapter 10 expand

Initial Steps in Litigating a Motor Vehicle Tort Action

Buy Chapter

Philip N. Beauregard, Esq., Beauregard, Burke & Franco
Richard E. Burke, Jr., Esq., Beauregard, Burke & Franco
Michael Franco, Esq., Beauregard, Burke & Franco
Joseph A. Seckler, Esq., Morrison Mahoney LLP

Exhibit 10A

- Sample Complaint Buy Form

Exhibit 10AA

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

Exhibit 10B

- Sample Cover Sheet (Superior Court) Buy Form

Exhibit 10BB

- Notice of Intention to Offer Medical Report Buy Form

Exhibit 10C

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

Exhibit 10CC

- Affidavit of Counsel Buy Form

Exhibit 10D

- Sample Statement of Damages (Massachusetts District Court) Buy Form

Exhibit 10DD

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

Exhibit 10E

- Letter to Client After Suit Is Filed Buy Form

Exhibit 10F

- Sample Motion for Ex Parte Real Estate Attachment Buy Form

Exhibit 10G

- Sample Affidavit in Support of Ex Parte Attachment Buy Form

Exhibit 10H

- Sample Plaintiff’s Request for Documents Buy Form

Exhibit 10I

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

Exhibit 10J

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

Exhibit 10K

- Sample Plaintiff’s Interrogatories Buy Form

Exhibit 10L

- Sample Plaintiff’s Interrogatories Buy Form

Exhibit 10M

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

Exhibit 10N

- Plaintiff’s Request for Admission Buy Form

Exhibit 10O

- Sample Acknowledgment Letter to Client Buy Form

Exhibit 10P

- Sample Tracking Order Buy Form

Exhibit 10Q

- Sample Answer to Complaint Buy Form

Exhibit 10R

- Cross-Claim Buy Form

Exhibit 10S

- Third-Party Complaint Buy Form

Exhibit 10T

- Defendant’s Interrogatories to Plaintiff Buy Form

Exhibit 10U

- Defendant’s Interrogatories to Codefendant Buy Form

Exhibit 10V

- Request for Documents to Plaintiff Buy Form

Exhibit 10W

- HIPAA Authorization Buy Form

Exhibit 10X

- Authorization for Wage and Salary Information Buy Form

Exhibit 10Y

- Request for Documents to Codefendant Buy Form

Exhibit 10Z

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

Chapter 11 expand

Misrepresentation

Buy Chapter

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

Exhibit 11A

- Plaintiff’s Interrogatories to the Defendant Buy Form

Exhibit 11B

- Defendant’s Interrogatories to the Plaintiff Buy Form

Exhibit 11C

- Plaintiff’s Request for Production of Documents and Other Items Buy Form

Exhibit 11D

- Defendant’s Request for Production of Documents and Other Items Buy Form

Exhibit 11E

- Sample Jury Instructions: Negligent Misrepresentation Buy Form

Exhibit 11F

- Sample Jury Instructions: Intentional Misrepresentation Buy Form

Chapter 12 expand

Intentional Torts to Persons

Buy Chapter

Jeffrey G. Thorn, Esq., Adkins, Kelston & Zavez, PC

Exhibit 12A

- Plaintiff’s Interrogatories to the Defendant Buy Form

Exhibit 12B

- Defendant’s Interrogatories to the Plaintiff Buy Form

Exhibit 12C

- Requests for Production of Documents (Plaintiff’s or Defendant’s) Buy Form

Exhibit 12D

- Sample Jury Instructions Buy Form

Chapter 13 expand

Tortious Interference with Business Relations

Buy Chapter

Jeffrey C. Melick, Esq., Kajko, Weisman & Colasanti LLP

Exhibit 13A

- Plaintiff’s Interrogatories to the Defendant Buy Form

Exhibit 13B

- Defendant’s Interrogatories to the Plaintiff Buy Form

Exhibit 13C

- Requests for Production of Documents Buy Form

Exhibit 13D

- Jury Instructions Buy Form

Chapter 14 expand

Invasion of Privacy

Buy Chapter

Corey M. Dennis, Esq., Pharmaceutical Product Development, LLC

Chapter 15 expand

Torts to Property

Buy Chapter

Christopher P. Flanagan, Esq., Wilson, Elser, Moskowitz, Edelman & Dicker LLP

Exhibit 15A

- Plaintiff’s Interrogatories to the Defendant Buy Form

Exhibit 15B

- Defendant’s Interrogatories to the Plaintiff Buy Form

Exhibit 15C

- Plaintiff’s Request for Production of Documents Buy Form

Exhibit 15D

- Defendant’s Request for Production of Documents Buy Form

Exhibit 15E

- Plaintiff’s Request for Jury Instructions Buy Form

Exhibit 15F

- Defendant’s Request for Jury Instructions Buy Form

Chapter 16 expand

Child Trespassers

Buy Chapter

Stacey L. Pietrowicz, Esq., Sugarman and Sugarman, PC

Exhibit 16A

- Related Cases and Commentaries Buy Form

Chapter 17 expand

Negligent Security

Buy Chapter

Elizabeth A. Houlding, Esq.,

Checklist 17.1

- Steps in Planning to Investigate Crime at Particular Premises Buy Form

Chapter 18 expand

Contribution and Indemnity

Buy Chapter

Joni Katz Mackler, Esq., Howd & Ludorf, LLC

Chapter 19 expand

Tort Immunities

Buy Chapter

Amy Bratskeir, Esq., MBTA Legal Department
Scott A. Spencer, Esq., MassDOT/MBTA Office of the General Counsel

Exhibit 19A

- Sample Presentment Letter Buy Form

Exhibit 19B

- Sample MBTA Incident Report Form Buy Form

Exhibit 19C

- Sample Letter of Representation Buy Form

Exhibit 19D

- Sample Defect in Way Notice Buy Form

Exhibit 19E

- Sample Certificate of Public Way Buy Form

Chapter 20 expand

Limitation of Actions

Buy Chapter

Michael R. Byrne, Esq., Melick & Porter LLP

Chapter 21 expand

Preparation of a Plaintiff’s Case

Buy Chapter

Garrett D. Lee, Esq., Morgan & Morgan, PA

Chapter 22 expand

Preparation of a Defendant’s Case

Buy Chapter

Adam G. Cohen, Esq., Davids & Cohen, PC

Exhibit 22A

- Defendant’s Motion for Directed Verdict After the Plaintiff’s Case Buy Form

Chapter 23 expand

Mediation

Buy Chapter

James E. Grumbach, Esq., Boston Law Collaborative LLC

Chapter 24 expand

Liens

Buy Chapter

Matthew Passalacqua, Esq., Kajko, Weisman & Colasanti LLP

Appendix

Obtaining and Using Medical Records in Massachusetts

Buy Chapter

Victoria M. Santoro Mair, Esq., Sweeney Merrigan Law LLP

Exhibit A1

- Checklist of Hospital Medical Records That May Be Needed in Litigation Buy Form

Exhibit A10

- Trial Subpoena Buy Form

Exhibit A11

- Notice of Intention to File Rule 13 Application Buy Form

Exhibit A12

- Application for Rule 13 Order Buy Form

Exhibit A13

- Rule 13 Order Buy Form

Exhibit A14

- Request for Production of Medical Records Buy Form

Exhibit A15

- Index Tabs for Ordering and Filing Medical Records Buy Form

Exhibit A16

- Massachusetts Medical Libraries Buy Form

Exhibit A17

- List of Medical References Buy Form

Exhibit A18

- Letters to Physicians Buy Form

Exhibit A19

- Plaintiff’s Offer of Proof and Supporting Affidavits Buy Form

Exhibit A2

- Typical Laboratory Report Form Buy Form

Exhibit A20

- Demand Letter Buy Form

Exhibit A21

- Checklist for Deposing an Adverse Expert Physician Buy Form

Exhibit A22

- Supreme Judicial Court Interim Guidelines for the Protection of Personal Identifying Data in Publicly Accessible Court Documents Buy Form

Exhibit A23

- Section 79G Forms Buy Form

Exhibit A24

- Section 79C Forms Buy Form

Exhibit A25

- Medical Terms Buy Form

Exhibit A3

- Illustration of Reference Range from Taber’s Cyclopedic Medical Dictionary Buy Form

Exhibit A4

- Medical Records Tracking System Buy Form

Exhibit A5

- Authorization to Use or Disclose Protected Health Information Buy Form

Exhibit A6

- Letter Accompanying Patient Authorization to Release Records Buy Form

Exhibit A7

- Motion to Compel Production of Documents from Hospital Buy Form

Exhibit A8

- Deposition Subpoena Buy Form

Exhibit A9

- Notice of Taking Deposition Buy Form

Editor(s)

Author(s)