Notable & Quotable: MBA members in the news and more

Thursday, Nov. 29, 2018

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  • “Class action over bank’s overdraft fees allowed,” Massachusetts Lawyers Weekly (Nov. 26). MBA member Kevin J. Handly was quoted about a U.S. District Court judge’s decision (Salls v. Digital Federal Credit Union, et al.), which found that a credit union customer who was charged overdraft fees could proceed with her putative class action due to the bank’s ambiguous customer agreements and “funds availability policy.”

  • “Insurance cos. can control defense of asbestos claims,” Massachusetts Lawyers Weekly (Nov. 26). MBA members Vincent J. Pisegna and Harvey Nosowitz were quoted about a Superior Court judge’s ruling (Crosby Valve, LLC, et al. v. OneBeacon America Insurance Company, et al.), which found that insurers defending a company against asbestos claims without a reservation of rights could choose counsel and control the defense.

  • “Florida vote may be Arlington attorney’s biggest win on behalf of greyhounds yet,” Massachusetts Lawyers Weekly (Nov. 26). MBA member Christine A. Dorchak was featured in a Hearsay article about a recently passed ballot measure that will end greyhound racing in the state of Florida. Dorchak is president and general counsel of the nonprofit advocacy organization GREY2K USA Worldwide, which led a similar successful effort 10 years ago in Massachusetts. 

  • “Role of trustee made easier with ‘letter of wishes,’” Massachusetts Lawyers Weekly (Nov. 26). MBA member Melissa Langa co-wrote an opinion piece outlining why clients should be encouraged to draft letters of wishes, which provide helpful guidance to trustees of family trusts.    

  • “Partners HealthCare is requiring all employees get flu shots, The Boston Globe (Nov. 22). MBA Chief Legal Counsel and Chief Operating Officer Martin W. Healy was quoted in a story about a new Partners HealthCare policy that requires all employees to receive flu vaccinations.
  • “7 Investigates: Drugged driving,” 7 News Boston (Nov. 21). MBA Executive Management Board member Peter T. Elikann was interviewed for a story about the imperfect nature of current testing to determine driver impairment from marijuana. Elikann is the MBA’s appointed representative to the Cannabis Control Commission’s Special Commission on Operating Under the Influence and Impaired Driving.  

  • “Orleans investment adviser pleads guilty in $3M fraud,” Cape Cod Times (Nov. 20).
    MBA Executive Management Board member Peter T. Elikann was quoted in a story about an investment adviser who recently pleaded guilty to criminal fraud charges and also faces an ongoing civil lawsuit. 

  • “Changes in the works for debt collection procedures,” Massachusetts Lawyers Weekly (Nov 19). MBA members Josef C. Culik and Carl A. Brugnoli were quoted in a story about upcoming changes to debt collection rules and procedures in the Massachusetts District Court.  

  • “Case highlights risks of reliance on court forms,” Massachusetts Lawyers Weekly (Nov. 19). MBA members Howard J. Castleman, Mark E. Swirbalus and Joseph L. Bierwirth Jr. were quoted about an Appeals Court ruling in an inheritance dispute that illustrates the limitations of using pre-printed forms for Probate & Family Court filings.  

  • “New day dawns for state appellate rules,” Massachusetts Lawyers Weekly (Nov. 19). MBA members David A.F. Lewis, Joseph M. Cacace and Thaddeus A. Heuer were among several attorneys who shared positive sentiments about forthcoming changes to the Massachusetts Rules of Appellate Procedure. 
  • “Supreme Court cases could undercut source of legal aid funding,” Massachusetts Lawyers Weekly (Nov. 19). MBA member Jayne Tyrrell, director of the Massachusetts IOLTA Committee, wrote an article outlining how two U.S. Supreme Court cases involving class action suits could limit the availability of legal aid funding in Massachusetts.

  • “SJC invalidates standard forum selection, choice of law provisions,” Massachusetts Lawyers Weekly (Nov. 19). MBA member Vincent J. Pisegna wrote an article about a recent Supreme Judicial Court ruling that leaves in question whether standard forum selection and choice of law provisions are enforceable under Massachusetts law.  
  • “Oops! Cutting and pasting can cause big problems for lawyers,” The Boston Globe (Nov. 16). MBA Chief Legal Counsel and Chief Operating Officer Martin W. Healy was quoted in a story about the high potential for error when lawyers copy and paste language into legal documents.

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