"Disclaimer fails to sink suit over flushable wipes," Massachusetts Lawyers Weekly (April 8). MBA members James L. Tuxbury and Christopher B. Parkerson commented on a federal judge's decision that disclaimers on "flushable" wipes were not so prominent and clear as to warrant dismissal of a putative class action against the grocery chain that sold the product.
"ABA panel provides advice in avoiding firm-wide conflicts," Massachusetts Lawyers Weekly (April 8). MBA members James S. Bolan and Erin K. Higgins discussed a new ethical opinion by an American Bar Association panel that offers guidance on avoiding firm-wide conflicts when collecting information from prospective clients.
"Extrinsic evidence allowed to prove testator’s intent," Massachusetts Lawyers Weekly (April 8). MBA member Donna A. Mizrahi and Eric D. Correira commented on an Appeals Court decision that extrinsic evidence could be used to prove the validity of a will signed by the testator’s conservator based on the conservator’s mistaken belief that his appointment gave him the power to do so.
"Hackers loot IOLTA account; insurer says: ‘Not our problem,’" Massachusetts Lawyers Weekly (April 8). MBA member Neil Burns was quoted in an article about an attorney whose Interest on Lawyers' Trust Account was allegedly hacked and who now faces several lawsuits, including from his firm's professional insurance company, which has disclaimed coverage for the loss.