Civil Procedure

While we typically think of car accidents and slip and falls as the stereotypical personal injury cases, there are actually quite a few other types of situations that lead to personal injury cases.  One such type of personal injury case involves physical assault caused by an intoxicated person.  Many times, liability will extend beyond the actual individual responsible for another’s injuries to the person or establishment who served the liquor.  Massachusetts and many other states have enacted a “Dram Shop law” in an effort to deal with these types of cases.

Pursuant to Massachusetts General Laws chapter 138 § 69, someone suffering from physical injury, property damage, or other damage may sue the licensed liquor provider who served an intoxicated person.
Read more . . .

One of the most important parts of the discovery process in any claim or civil litigation are the depositions.  In a personal injury claim, the injured party is almost always deposed and the defendant is often deposed as well (unless liability is not disputed).  In an employment law claim, depositions can take place not only of the people directly involved in the claim, but often all of the employees of the company.  Any litigator will tell you the importance of depositions to a legal claim.  They can make or break a lawsuit, sometimes only with one wrong answer.
Read more . . .

Today, the Supreme Judicial Court announced that it will increase the procedural amount for civil actions in Boston Municipal and District Courts from $25,000 to $50,000,  thus increasing the minimum procedural amount required for cases filed in the Superior Court to $50,000.  This change will go in to effect on January 1, 2020. 

The reason for this procedural change is to try and reduce delays that are common with the disposition of civil cases.  This will also have a far reaching effect with the filing of cases that had damages which hovered around the $25,000 cut-off, including personal injury cases and contract disputes.

The Order Regarding Amount-in-Controversy Requirement under Massachusetts General Laws chapter 218, § 19 and chapter 212, §3 states:

"Under G.
Read more . . .