Categories for Litigation

Tiptoe Through the Orchard: What You Should Know About the Massachusetts Pick-Your-Own Law

June 13, 2019 8:48 am Published by Robin A. DeAugustinis

Trees are in full leaf, flowers are blooming, and the Commonwealth’s orchards will soon bear fruit. It’s almost time to visit a pick-your-own produce farm for berries and peaches this summer. The pick-your-own season stretches well into the fall, with harvests of apples and pumpkins, and, for some, holiday trees as winter nears. After such a rainy spring, it’s a welcomed pleasure, at last, not only to enjoy the seasonal weather, but also to select your own produce in a natural setting.

As much fun as an outing to the orchard can be, however, it’s important to be considerate guests—treating the grounds, plants, and people with respect for their wellbeing—and to be alert to risks of accidents. The ground ...

Mountain Dearborn Wins Record Worcester Jury Award of $7.5 Million

March 28, 2019 2:29 pm Published by Katherine A. Bagdis Patricia Finnegan Gates James D. O'Brien, Jr.

Attorneys for Mountain Dearborn and Whiting LLP prevailed at trial in a personal injury lawsuit that produced a jury verdict believed to be the highest recorded in Worcester County.

Our client, a 34-year-old woman, was a passenger in a car that was stopped in a traffic jam on an interstate highway. Her car was struck from behind by the defendant’s pickup truck at a speed of 63 miles per hour. The impact forced our client’s car into and beneath a tractor-trailer that was stopped in front of her car.

Defendants admitted liability; the case went to trial solely to determine the amount of damages.

After a two-week trial, a Worcester Superior Court jury awarded our ...

Mountain Dearborn Prevails in SJC Decision to Protect Spouses Who Are Left Out of Wills

January 11, 2019 12:19 pm Published by Katherine A. Bagdis

A January 8th decision by the Massachusetts Supreme Judicial Court (SJC) supported the claim of a second wife, represented by Mountain Dearborn, who sought to receive her legal share of the real estate that her husband left to his four children. The case highlights the importance of understanding the legal consequences of marriage, especially when you have children from a prior relationship.

When you marry in Massachusetts, your spouse automatically becomes entitled to receive certain rights and benefits, unless both parties agree otherwise. For instance, your spouse automatically becomes the beneficiary of any qualified retirement plan which you then have, or to which you begin contributing, during the marriage, such as a 401k or 403b plan. You ...

Hosting a Summer Party? What You Should Know to Avoid a Personal Injury Lawsuit

July 18, 2018 8:00 am Published by James D. O'Brien, Jr.

From the poolside to the fully stocked bar, here are five ways to minimize liability risks: 

Few people intend to invite trouble to their homes this summer when planning a party. But let’s face it—between the glimmering pool and the fully stocked bar, all it takes is one guest and an accident before you’re asking, “Are you okay?”—not to mention asking yourself, “Will I get sued?” Insurance doesn’t cover everything.

In general, under Massachusetts law, can a guest sue you if he or she is hurt at your house? In short, yes. Whether or not that guest who sues you (the plaintiff) will prevail involves a deeper discussion of the facts of what happened. But ...