Federal Civil Litigation in the First Circuit

Basic slip and fall to complex product liability

Product Number: 2195535WCH
Publication Date: 10/4/2021
Edition: 3rd Edition 2017, with 2019 & 2021 Supplements
Copyright: © 2021 MCLE, Inc.
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Federal Civil Litigation in the First Circuit

Basic slip and fall to complex product liability

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Product Description
Product Description

An authority on virtually every type of tort claim actionable in the Commonwealth of Massachusetts, MCLE's Massachusetts Tort Law Manual provides practical guidance on spotting the issues, building a case or a defense, and buttressing your client's position with case law that is both on point and compelling. Whether your case involves a defective medical device, liquor liability, a wrongful death claim, or a slip on ice, you can use this book to counsel your client, draft effective pleadings, and make your strongest case.

Recent updates:
- Update: October 2024
  Dear Subscriber:
  
  Thank you for augmenting your library with the 2024 supplement to the Massachusetts Tort Law Manual. Highlights from the issues addressed in this revision include
  - the disallowance of recovery in wrongful death cases in which the decedent's underlying tort claims lapsed prior to the decedent's death;
  - a pharmacy's dispensation of prescribed medicine as a provision of services rather than a sale of goods and therefore beyond the scope of a breach of warranty action;
  - recognition of the component parts doctrine in both tort and breach of warranty cases;
  - discussion of the proper scope of defamation claims, addressing examples such as images associating the plaintiffs with a strip club and criticisms of the plaintiff's product rather than the plaintiff;
  - changes in the analysis of special motions to dismiss in anti-SLAPP cases;
  - motion practice pursuant to Superior Court Rule 9C;
  - the need to show deceit or similar conduct–rather than mere negligence–in establishing a claim for tortious interference with business relations;
  - recent legislation strengthening privacy protections for health-care information;
  - application of the Massachusetts Tort Claims Act to claims for negligent hiring, supervision, and retention of employees; and
  - guidance on preserving information from event data recorders ("black boxes") in motor vehicle liability cases.
  We trust you will find the 2024 edition of the Massachusetts Tort Law Manual a valuable resource as we at MCLE continue our efforts to bring you the latest solutions to the issues you face in your practice.
  
  Very truly yours,
  
  John M. Lawlor, MCLE Publications Attorney
Table of Contents

Table of Contents
expand all

Chapter 1 expand

Summary Judgment and Other Threshold Dispositive Motions
Buy Chapter
Francis D. Dibble, Jr., Esq.,
Jodi K. Miller, Esq., Bulkley, Richardson and Gelinas LLP
Jeffrey E. Poindexter, Esq.,

Exhibit 1A
- Selected Summary Judgment Cases by Subject Buy Form

Chapter 2 expand

Preliminary Injunctions and Temporary Restraining Orders
Buy Chapter
Joseph S. Berman, Esq.,
Michelle R. Yu, Esq., Office of the General Counsel, Massachusetts Board of Bar Overseers

Chapter 3 expand

Discovery
Buy Chapter
Timothy J. Fazio, Esq., MG+ M Law Firm
Shauna Twohig, Esq., Hunton Andrews Kurth LLP

Exhibit 3A
- Form Protective Order Buy Form

Chapter 4 expand

Effective Oral Argument
Buy Chapter
Hon. Michael A. Ponsor,

Chapter 5 expand

Sanctions
Buy Chapter
Michael A. Collora, Esq.,
Sara Silva, Esq., Silva, Kettlewell and Pignatelli, LLP

Chapter 6 expand

Selected Federal Evidentiary Issues
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Sarah E.A Sousa, Esq., Arrowood, LLP

Chapter 7 expand

Magistrate Judge Practice
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Hon. Robert B. Collings, U.S. District Court, District of Massachusetts

Exhibit 7A
- Rules for United States Magistrate Judges in the United States District Court for the District of Massachusetts, Including Amendments Through September 7, 2011 Buy Form

Chapter 8 expand

Attorney Fees
Buy Chapter
Neerja Sharma, Esq., Zucker Law Group LLP
Ellen J. Zucker, Esq., Zucker Law Group LLP

Checklist 8.1
- Checklist and Practice Pointers for Attorney Fees Applications Buy Form

Chapter 9 expand

Alternative Dispute Resolution Programs and Practice
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Berry B. Mitchell, U.S. District Court, Diistrict of Rhode Island

Chapter 10 expand

Practice Before the U.S. Court of Appeals for the First Circuit
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Judith H. Mizner, Esq., Federal Public Defender Office

Chapter 11 expand

Civil Justice Reform Act
Buy Chapter
Nonnie S. Burnes, Esq.,
Jennifer Martin Foster, Esq., Walker & DiMarco, PC
Jason D. Frank, Esq., Morgan, Lewis & Bockius LLP
Kelly Pesce, Esq., Greenberg Traurig LLP
James P. Ponsetto, Esq., Greenberg Traurig LLP
David G. Thomas, Esq., Greenberg Traurig LLP

Exhibit 11A
- Selected References on Civil Justice Reform Buy Form

Chapter 12 expand

Damages Actions Under Section 1983
Buy Chapter
John J. Cloherty, III, Esq., Pierce, Davis & Perritano LLP

Chapter 13 expand

RICO in Federal Civil Litigation
Buy Chapter
Tracy A. Miner, Esq., Miner Siddall, LLP
Seth B. Orkand, Esq., Robinson & Cole LLP
Terrence M. Schwab, Esq.,

Chapter 14 expand

Employment Discrimination Law
Buy Chapter
Corinne Hood Greene, Esq., Greene & Hafer LLC
Susanne Hafer, Esq., Sullivan & Worcester LLP

Checklist 14.1
- Factors in Determining Whether a Claimant Is a Qualified Individual with a Disability Under the ADA Buy Form

Chapter 15 expand

Litigating Under the Federal Tort Claims Act
Buy Chapter
Mary Elizabeth Carmody, Esq.,

Chapter 16 expand

Superfund in the First Circuit
Buy Chapter
Seth D. Jaffe, Esq., Foley Hoag LLP
Ethan Severance, Esq.,

Chapter 17 expand

Practice in the District of Massachusetts
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Sarah P. Kelly, Esq., Nutter McClennen & Fish LLP
Matthew P. Ritchie, Esq., Biogen, Inc.

Chapter 18 expand

Practice in the District of Rhode Island
Buy Chapter
Hon. Lincoln D. Almond, U.S. District Court, District of Rhode Island
Hon. Patricia A. Sullivan, U.S. District Count, District of Rhode Island

Exhibit 18A
- Alternative Dispute Resolution (ADR) Buy Form

Chapter 19 expand

Practice in the District of New Hampshire
Buy Chapter
Hon. Landya B. McCafferty, U.S. District Court, District of New Hamsphire
Tracy A. Uhrin, Esq., US District Court for the District of New Hampshire

Exhibit 19A
- Breakdown of Civil Caseload by Case Type: 2014–2018 Buy Form

Exhibit 19B
- Executive Summary for ECF Users Buy Form

Exhibit 19C
- Sample Discovery Plan Buy Form

Exhibit 19D
- Sample Extension of Deadlines Established by Discovery Plan Form Buy Form

Exhibit 19E
- Protective Order Buy Form

Chapter 20 expand

Practice in the District of Maine
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Hon. John H. Rich, III, U.S. District Court, District of Maine

Chapter 21 expand

Practice in the District of Puerto Rico
Buy Chapter
Tristan P. Colangelo, Esq., Kerstein, Coren & Lichtenstein

Exhibit 21A
- Standing Order Proceeding Before Magistrate Judge Buy Form

Exhibit 21B
- Standing Order: Rules of Practice Buy Form

Exhibit 21C
- Standing Order: Lawyer’s Duties to the Court Buy Form

Exhibit 21D
- Standing Order: Filing of Petitions for Attorney’s Fees Buy Form

Exhibit 21E
- Standing Order: Certified English Translations Buy Form

Exhibit 21F
- Standing Order: English Language and Depositions Buy Form

Exhibit 21G
- Scheduling Order Buy Form

Exhibit 21H
- Case Management Order Buy Form

Exhibit 21I
- Courtesy Copies Buy Form

Exhibit 21J
- Standing Order: Discovery Disputes Buy Form

Exhibit 21K
- Standing Order: Communications by Counsel to Law Clerks Buy Form

Exhibit 21L
- Standing Order: Format of Proposed Orders/?Judgments Buy Form

Exhibit 21M
- Standing Order: Policy for Dispositive Motions Buy Form

Exhibit 21N
- Amended Standing Order: Jury Selection Buy Form

Chapter 22 expand

Recognition and Enforcement of Foreign Judgments and Arbitral Awards
Buy Chapter
Theodore J. Folkman, Esq., Rubin Rudman LLP

Exhibit 22A
- Sample Complaint for Recognition and Enforcement of Judgment Buy Form

Exhibit 22B
- Checklist of Safe Harbors Under G.L. c. 235, § 23A Buy Form

Exhibit 22C
- New York Convention (Convention on the Recognition and Enforcement of Foreign Arbitral Awards) Buy Form

Exhibit 22D
- Panama Convention (Inter-American Convention on International Commercial Arbitration) Buy Form

Exhibit 22E
- Motion to Confirm International Arbitral Award Buy Form

Exhibit 22F
- U.S. Reservations to the Panama Convention (Made at the Time of Ratification) Buy Form
Editors & Authors

Editor(s)

Francis D. Dibble, Jr., Esq.,

Jeffrey E. Poindexter, Esq.,

Author(s)

Hon. Lincoln D. Almond, U.S. District Court, District of Rhode Island, Providence

Joseph S. Berman, Esq., Boston

Brian J. Bosworth, Esq., Hunton Andrews Kurth LLP, Boston

Angela Bunnell, Esq., Greenberg Traurig LLP, Boston

Nonnie S. Burnes, Esq., Boston

Mary Elizabeth Carmody, Esq.,

John J. Cloherty, III, Esq., Pierce, Davis & Perritano LLP, Boston

Tristan P. Colangelo, Esq., Kerstein, Coren & Lichtenstein, Wellesley

Hon. Robert B. Collings, U.S. District Court, District of Massachusetts, Boston

Michael A. Collora, Esq.,

Francis D. Dibble, Jr., Esq.,

Timothy J. Fazio, Esq., MG+ M Law Firm, Boston

Theodore J. Folkman, Esq., Rubin Rudman LLP, Boston

Jennifer Martin Foster, Esq., Walker & DiMarco, PC, Malden

Jason D. Frank, Esq., Morgan, Lewis & Bockius LLP, Boston

Maya H. Ginga Ritchie, Esq., Nutter McClennen & Fish LLP, Boston

Corinne Hood Greene, Esq., Greene & Hafer LLC, Charlestown

Susanne Hafer, Esq., Sullivan & Worcester LLP, Boston

Seth D. Jaffe, Esq., Foley Hoag LLP, Boston

Sarah P. Kelly, Esq., Nutter McClennen & Fish LLP, Boston

Hon. Landya B. McCafferty, U.S. District Court, District of New Hamsphire, Concord

Jodi K. Miller, Esq., Bulkley, Richardson and Gelinas LLP, Springfield

Tracy A. Miner, Esq., Miner Siddall, LLP, Boston

Berry B. Mitchell, U.S. District Court, Diistrict of Rhode Island, Providence

Judith H. Mizner, Esq., Federal Public Defender Office, Boston

Seth B. Orkand, Esq., Robinson & Cole LLP, Boston

Kelly Pesce, Esq., Greenberg Traurig LLP, Boston

Jeffrey E. Poindexter, Esq.,

James P. Ponsetto, Esq., Greenberg Traurig LLP, Boston

Hon. Michael A. Ponsor,

Hon. John H. Rich, III, U.S. District Court, District of Maine, Portland

Terrence M. Schwab, Esq., Natick

Ethan Severance, Esq.,

Neerja Sharma, Esq., Zucker Law Group LLP, Boston

Sara Silva, Esq., Silva, Kettlewell and Pignatelli, LLP, Boston

Sarah E.A Sousa, Esq., Arrowood, LLP, Boston

Hon. Patricia A. Sullivan, U.S. District Count, District of Rhode Island, Providence

David G. Thomas, Esq., Greenberg Traurig LLP, Boston

Shauna Twohig, Esq., Hunton Andrews Kurth LLP, Boston

Tracy A. Uhrin, Esq., US District Court for the District of New Hampshire, Concord

Michelle R. Yu, Esq., Office of the General Counsel, Massachusetts Board of Bar Overseers, Boston

Ellen J. Zucker, Esq., Zucker Law Group LLP, Boston

TOP

Federal Civil Litigation in the First Circuit

Basic slip and fall to complex product liability

Federal Civil Litigation in the First Circuit

Basic slip and fall to complex product liability

Your Selection:

Product Description

Recent updates:

Table of Contents

Summary Judgment and Other Threshold Dispositive Motions

Exhibit 1A

Preliminary Injunctions and Temporary Restraining Orders

Discovery

Exhibit 3A

Effective Oral Argument

Sanctions

Selected Federal Evidentiary Issues

Magistrate Judge Practice

Exhibit 7A

Attorney Fees

Checklist 8.1

Alternative Dispute Resolution Programs and Practice

Practice Before the U.S. Court of Appeals for the First Circuit

Civil Justice Reform Act

Exhibit 11A

Damages Actions Under Section 1983

RICO in Federal Civil Litigation

Employment Discrimination Law

Checklist 14.1

Litigating Under the Federal Tort Claims Act

Superfund in the First Circuit

Practice in the District of Massachusetts

Practice in the District of Rhode Island

Exhibit 18A

Practice in the District of New Hampshire

Exhibit 19A

Exhibit 19B

Exhibit 19C

Exhibit 19D

Exhibit 19E

Practice in the District of Maine

Practice in the District of Puerto Rico

Exhibit 21A

Exhibit 21B

Exhibit 21C

Exhibit 21D

Exhibit 21E

Exhibit 21F

Exhibit 21G

Exhibit 21H

Exhibit 21I

Exhibit 21J

Exhibit 21K

Exhibit 21L

Exhibit 21M

Exhibit 21N

Recognition and Enforcement of Foreign Judgments and Arbitral Awards

Exhibit 22A

Exhibit 22B

Exhibit 22C

Exhibit 22D

Exhibit 22E

Exhibit 22F

Editor(s)

Author(s)