Product Description

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

Chapter 01 expand

Filings in the Probate and Family Court After the MUPC and MUTC

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James Gavaghan,
Noreen A. Mullen, Esq., The Mullen Law Group
Sharon B. Quinan, Day Pitney LLP

Exhibit 1A

- List of Massachusetts Probate and Family Court Forms Buy Form

Exhibit 1B

- Notice Requirements Buy Form

Chapter 02 expand

Complaint for Instructions

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Stephanie Addeo, Esq., Rubin Rudman LLP
Sara E. Kitaeff, Esq., Rubin Rudman LLP
Mark J. Warner, Esq., Warner, Federico & Ryan LLP

Exhibit 2A

- Complaint for Instructions, Sample 1 Buy Form

Exhibit 2B

- Complaint for Instructions, Sample 2 Buy Form

Exhibit 2C

- Verified Complaint for Instructions Buy Form

Exhibit 2D

- General Probate Petition Buy Form

Exhibit 2E

- Decree and Order of General Probate/Trust Petition Buy Form

Exhibit 2F

- Affidavit of Diane Jones Buy Form

Chapter 03 expand

Declaratory Judgment

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Jason Andreas Benitez, Esq.,
Bailey H. Cull, Goodwin Procter LLP
Jennifer Locke, Esq., Goodwin Procter LLP

Exhibit 3A

- Motion to Exclude Certain Persons as Parties Buy Form

Exhibit 3B

- Motion to Waive the Appointment of Guardian ad Litem and Approve Virtual Representation Buy Form

Exhibit 3C

- Affidavit of Representative Buy Form

Exhibit 3D

- General Trust Petition for Appointment of Guardian ad Litem—Trust, G.L. c. 203E, § 305(b) Buy Form

Exhibit 3E

- Complaint for Declaratory Judgment and to Divide Trust Buy Form

Exhibit 3F

- Answer and Request for Declaration Buy Form

Exhibit 3G

- Joint Motion for Approval of Settlement Agreement Buy Form

Exhibit 3H

- Motion for Issuance of Decree and Order of General Trust Petition, Proposed Findings of Fact, Decree and Order Buy Form

Chapter 04 expand

Reformation of Trusts Under Massachusetts Equity Procedure

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Eric P. Hayes, Esq., Goodwin Procter LLP

Exhibit 4A

- Complaint to Reform Trust Buy Form

Chapter 05 expand

Determination of Title

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Nora S. McMurphy, Esq., Holland & Knight LLP
Marshall D. Senterfitt, Esq., Holland & Knight LLP
Hon. Jennifer M. R. Ulwick, Probate and Family Court, Commonwealth of Massachusetts

Exhibit 5A

- Memorandum of Lis Pendens Buy Form

Chapter 06 expand

Removal, Death, and Resignation of Fiduciaries

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Robert J. O'Regan, Esq., Nixon Peabody LLP

Chapter 07 expand

Defending the Trustee Against Removal

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Mark W. Williamson, Esq., Law offices of Mark W. Williamson

Exhibit 7A

- Sample Appendix to Petition for Removal of a Trustee Buy Form

Exhibit 7B

- Sample Opposition to Petition for Removal of a Trustee Buy Form

Chapter 08 expand

Compelling and Objecting to Accounts

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Tiffany M. Bentley, Esq., Day Pitney LLP
Alex J. Harrington, Esq., Day Pitney LLP

Exhibit 8A

- Affidavit of Objections Buy Form

Chapter 09 expand

Defending Accounts

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Mary H. Schmidt, Esq., Verrill Dana LLP
Christopher H. Suh, Esq., The Wagner Law Group, A Professional Corporation

Chapter 10 expand

Litigating Will Contests

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Tiffany M. Bentley, Esq., Day Pitney LLP
Brian D. Bixby, Esq., Wilchins Cosentino & Novins LLP
Sydney Brady, Esq., Rubin Rudman LLP
Lisa M. Cukier, Esq., Rubin Rudman LLP
Andrea T. Dunbar, Esq., Bowditch & Dewey LLP

Chapter 11 expand

Compromise Agreements

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Sharon B. Quinan, Day Pitney LLP
Russell Jacob Smith, Esq., Casner & Edwards LLP

Exhibit 11A

- Petition for Will Compromise Buy Form

Exhibit 11B

- Decree that Compromised Will Be Proved and Allowed Buy Form

Exhibit 11C

- Compromise Agreement Buy Form

Exhibit 11D

- Mutual Release Agreement Buy Form

Exhibit 11E

- Compromised Will Buy Form

Chapter 12 expand

Parentage

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Hon. Maureen H. Monks, Middlesex Probate and Family Court South, Commonwealth of Massachusetts

Exhibit 12A

- Petition for Approval of Voluntary Acknowledgement of Parentage Buy Form

Exhibit 12B

- Complaint to Rescind Acknowledgement of Parentage Buy Form

Exhibit 12C

- Public Assistance Affidavit Buy Form

Exhibit 12D

- Complaint to Establish Parentage Buy Form

Exhibit 12E

- Complaint for Custody, Support, and Parenting Time Pursuant to G.L. c. 209C Buy Form

Exhibit 12F

- Petition to Change Name of Minor Buy Form

Chapter 13 expand

Cy Pres and Deviation

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Ann Hetherwick Cahill, Esq, Day Pitney LLP
Lisa M. Cukier, Esq., Rubin Rudman LLP
Noelle L. Maffeo, Esq., Day Pitney LLP

Chapter 14 expand

Fees in the Probate Court

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Judith K. Wyman, Esq.,

Exhibit 14A

- Form of Motion for Payment of Special Administrator’s Fees, Costs, and Expenses Buy Form

Exhibit 14B

- Form of Affidavit to Accompany Motion for Payment of Fees, Costs, and Expenses Buy Form

Exhibit 14C

- Proposed Order Buy Form

Chapter 15 expand

Petition to Partition

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Thomas P. Jalkut, Esq., Nutter McClennen & Fish LLP

Chapter 16 expand

Appellate Practice in Fiduciary Litigation

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Robert J. O'Regan, Esq., Nixon Peabody LLP

Chapter 17 expand

Evidentiary Privileges in Fiduciary Litigation

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Nicole E. Collins, Esq., Rubin Rudman LLP
Mary Beth L. Sweeney, Esq., Atwood & Cherny, PC

Chapter 18 expand

Standards of Capacity in Fiduciary Matters

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Jennifer L. Laucirica, Esq., Rubin Rudman LLP

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