Archives: Supreme Judicial Court

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How Long Will My Appeal Take?

Appellate lawyers are constantly asked (and asking themselves) some variant of the same question: “How long until we get a decision?” The reality is that it’s hard to know. Nevertheless, most will, after being pressed, venture a guess based on their informed experience. To supplement our informed experience, we conducted an analysis of twenty-one recent … Continue Reading

The SJC Defends Environmental Bloggers’ Right to SLAPP Back in Defamation Suit

In Cardno ChemRisk, LLC v. Foytlin, 476 Mass. 479 (2017), the Supreme Judicial Court held that the anti-SLAPP statute protected two bloggers’ critical opinions contained in a blog post directed at a scientific consulting firm working for British Petroleum (“BP”) in the wake of the Deep Water Horizon spill. The defendant bloggers, two environmental advocates, … Continue Reading

Chapter 93A Damages Do Not Include Post-Judgment Interest Accrued on an Underlying Judgment

Addressing an issue of first impression, the Supreme Judicial Court (SJC) announced last week that an insurer’s liability for multiple damages under Chapter 93A for unfair claim settlement practices committed in violation of Chapter 176D does not include the post-judgment interest accrued on an underlying judgment. Anderson v. National Union Fire Ins. Co. of Pittsburgh … Continue Reading

Supreme Judicial Court: Further Appellate Review or Direct Appellate Review?

Lawyers with little or no experience in the Massachusetts Supreme Judicial Court may not be familiar with the two routes to review by the SJC, and how the chances of obtaining review can differ significantly between the two procedures. An application for direct appellate review, sometimes abbreviated as DAR, asks the SJC to hear a … Continue Reading

INTERVIEW WITH FORMER SJC ASSOCIATE JUSTICE CHARLES FRIED – PART II OF II

In Part I of our interview with former Supreme Judicial Court Associate Justice Charles Fried, he offered advice to Massachusetts appellate lawyers on brief writing and preparing for oral argument. As promised, in Part II, Fried shares some examples of appellate advocacy drawn from his own practice. Duane Reade Inc. v. St. Paul Fire and … Continue Reading

INTERVIEW WITH FORMER SJC ASSOCIATE JUSTICE CHARLES FRIED – PART I OF II

Charles Fried is, by any measure, a pre-eminent legal scholar and American jurist. He served as an Associate Justice of the Massachusetts Supreme Judicial Court from 1995-1999. Prior to that, he was Solicitor General of the United States from 1985-1989. He has argued numerous major cases in state and federal appellate courts, including Daubert v. … Continue Reading

Selective Tender Exception to Equitable Contribution Doctrine in Massachusetts Addressed By Supreme Judicial Court

Employers sometimes have more than one workers’ compensation policy that provides coverage for the same loss. When more than one policy covers a loss, the employer may have an incentive to intentionally tender the claim to one insurer and not the other. This is called selective tender. When the insured makes a selective tender, can … Continue Reading

Massachusetts Supreme Judicial Court Restricts Review of Arbitration Awards

In a dispute arising from the break-up of an accounting partnership, the Massachusetts Supreme Judicial Court has held that parties to a contract cannot agree to expand the grounds on which a court can vacate a commercial arbitration award beyond the bases explicitly set forth in the Massachusetts Arbitration Act (MAA). Katz, Nannis & Solomon, … Continue Reading
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