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“Soft Sciences” and Expert Testimony

It has been almost 30 years since Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786 (1993), liberalized the admission of ... Read more

Massachusetts Road Defect Claims and Public Utilities

Massachusetts General Law – Chapter 84, sections 15 and 18 provide the exclusive remedy for personal injuries or property damage from defects in ... Read more

Can Public Utility Company Tariffs Affect Litigation?

In the right cases, public utility companies can invoke their tariffs to achieve a lawsuit dismissal, eliminate specific causes of action, or limit ... Read more

Chapter 93A Statute of Limitations vs. the Statute of Repose

Can Massachusetts’ six-year statute of repose (G.L. c. 260, § 2B) preclude an otherwise timely claim under Massachusetts’ Consumer Protection ... Read more

Case Update: Evidence of Internally Collected Accident Data

Internal reports that aggregate accident data may be admissible against a defendant, notwithstanding an objection that those prior accidents were not ... Read more

Damages, Fair Health, and Medical Bill Write-Offs

It has been eight years since the Supreme Judicial Court decided Law v. Griffith, 457 Mass. 349, 930 N.E.2d 126 (2010), and provided defendants in ... Read more

Passing Time with the Statute of Repose

It is Monday morning and a new Complaint or claim is sitting in your inbox. It alleges that construction or an installation that occurred over a ... Read more

The Missing Evidence Problem

Missing evidence can complicate your defense in any given case. What can you do when this happens? Is the doctrine of spoliation an ... Read more