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On February 26, 2021, the Massachusetts Supreme Judicial Court issued a landmark 52-page decision addressing causation in tort and opting to depart from long standing precedent and practice in a concerted effort to bring greater clarity and more certainty to an area that has long been confusing and confounding.

In our last article, we discussed how the C-4 family of paper forms would no longer be accepted from medical providers as of July 1, 2021, and that they would then be required to file Form CMS-1500 instead.

Morrison Mahoney Partner Ted Murphy recently obtained two defense verdicts for the preeminent builder of nuclear submarines for the United States Navy.

Attorneys practicing tort law likely remember their first year of law school when they learned a plaintiff must establish all four elements of negligence by a preponderance of the evidence to prevail on a claim. Those elements were, and still are: (1) duty, (2) breach, (3) causation, and (4) harm.

Morrison Mahoney Partner Jim Bello presents at healthcare industry virtual roundtable.

Boston Partner Tory A. Weigand comments on the Supreme Judicial Court’s recent decision in Dunn v. Genzyme (January 29, 2021) where the High Court addressed the conflict and differing views as to the level of specificity needed to plead state law product liability claims as to a FDA approved medical device in order to survive a motion to dismiss based on federal preemption and the plausibility standard under Rule 12(b)(6).

A recent Superior Court decision puts teeth into the Massachusetts Prompt Payment Act’s requirement to promptly review and pay periodic payment applications submitted by contractors on construction projects within the scope of the Act.

Since their effective rollout on December 1, 2010, the Guidelines have served to regulate treatment to the back, neck, shoulders, and knees for compensable claims in New York State.

There is no doubt that this is an important election year. While the presidential election will receive the majority of the attention, Proposition 24, a California ballot initiative regarding the California Privacy Rights Act (CPRA) will be another important vote to watch.

Boston Partner Tory A. Weigand recently argued before the Massachusetts Supreme Judicial Court in potentially significant decision poised to clarify factual causation in medical malpractice and negligence generally.