Notable & Quotable: MBA members in the news and more

Thursday, May 10, 2018

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  • "I-Team: Boston dentist who lost son, business in devastating fire hit with lawsuit from firefighter," WBZ-TV (May 8). MBA Past President Marsha Kazarosian was interviewed by WBZ-TV for a piece on an injured firefighter's negligence lawsuit against a dentist who lost his son and business in a 2016 fire. First responders in most states assume some level of risk upon entering this profession, Kazarosian said, but Massachusetts law allows those injured while on the job to collect their full salaries and recover damages if they can prove negligence. 
  • “Lis pendens appeal sets unexpected ‘trap for unwary,’” Massachusetts Lawyers Weekly (May 7). MBA member Martin P. Desmery was quoted about the Superior Court’s recent denial of a motion to discharge a lins pendens, and a subsequent Appeals Court decision establishing that a single justice lacks the authority under Massachusetts Rule of Appellate Procedure to dismiss such a complaint. Desmery and other real estate practitioners said defendants seeking similar relief should heed Massachusetts Appeals Court Chief Justice Mark V. Green’s ruling, which made clear that appeals should be made to a full panel.
  • “FMLA retaliation can proceed despite worker’s ineligibility,” Massachusetts Lawyers Weekly (May 7). MBA member Susan G. Fentin was quoted about a U.S. magistrate judge’s ruling that a discharged employee’s retaliation claim under the federal Family and Medical Leave Act could proceed even though his employer wasn’t covered by the statute. Plaintiff Joseph Reed took 17 weeks of medical leave after being put on a performance review, and Centric Consulting’s decision to classify the middle 12 weeks as FMLA leave meant that he was still entitled to the accompanying protections. 
  • “Mass. DOJ alumni sign letter backing Mueller, Rosenstein,” Massachusetts Lawyers Weekly (May 7). MBA members Joseph F. Savage and Brackett B. Denniston were quoted in this week’s Hearsay column about their reasons for signing on to an open letter in support of the Department of Justice amid attacks by President Donald Trump. Savage and Denniston praised the integrity of DOJ Deputy Attorney General Rod Rosenstein and special counsel Robert Mueller, who is leading the investigation into possible collusion between the Trump campaign and Russia. 
  • “Letter: Analysis of ‘stun guns’ flawed,” Massachusetts Lawyers Weekly (May 7).
    MBA member Keith G. Langer wrote a letter to the editor in which he asserted that stun guns are “non-lethal,” and therefore should not be regulated or treated as if they were firearms. His letter came in response to the Lawyers Weekly Editorial Board’s call for legislators to put in place “appropriate restrictions” on stun guns.   
  • “Closer look at 91 cases cited by DA in Bibaud defense raises questions,” Telegram & Gazette (May 5). MBA Executive Management Board member Peter T. Elikann was quoted about allegations that Worcester County District Attorney Joseph D. Early Jr. was involved in the State Police’s decision to alter an arrest report for the daughter of Dudley District Court First Justice Timothy M. Bibaud. Elikann discussed the difference between redacting information and temporarily impounding a police report, the latter of which would be sufficient to avoid pretrial publicity, he said.
  • MBA Executive Management Board member Peter T. Elikann was interviewed by WBZ NewsRadio 1030 about the Connecticut Supreme Court’s decision to overturn the 1975 murder conviction against Michael Skakel, nephew of Ethel Kennedy.

In Other News

Articles, blogs and other news recently shared on the Massachusetts Bar Association's social media sites. 

"Program helps litigants navigate Barnstable family court,"
Cape Cod Times (May 5), via @MassBarFdn.

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