Pierce & Mandell, P.C. Attorney, Lawyer, Litigator, Legal Advice, Boston, MA

Call us (617) 720-2444
Fax: (617) 720-3693

11 Beacon Street, Suite 800
Boston, MA 02108-3002

Call Us Today!
(617) 720-2444

Expert and Cost-Effective
Legal Advice & Services

Insurance Defense and Litigation

Pierce & Mandell Counsel Curt Dooling Quoted In Mass Lawyers Weekly

7 May 2019

Attorney Curt Dooling was recently quoted in a Massachusetts Lawyers Weekly article about the applicability of anti-SLAPP statutes to statements made on websites like Yelp and social media platforms like Facebook. https://masslawyersweekly.com/2019/01/24/west-roxbury-dentist-dodges-fee-order-in-spat-with-yelp/. In the case on which Dooling commented, DiNapoli v. Yelp, Inc., United States District Court Judge Dennis Saylor held that Yelp is not immune from all lawsuits and...

Read more...

Pierce & Mandell Counsel Curt Dooling Quoted In Mass Lawyers Weekly

Curt Dooling Prevails In Anti-Slapp Special Motion To Dismiss

31 July 2018

The Massachusetts anti-SLAPP (Strategic Lawsuit Against Public Participation) statute, G. L. c. 231, § 59H, authorizes a party sued because of his petitioning activity to file a special motion to dismiss within 60 days of service of the complaint. The purpose of the anti-SLAPP statute is to protect individuals from harassing litigation and from the burden of defending against retaliatory...

Read more...

Curt Dooling Prevails In Anti-Slapp Special Motion To Dismiss

Lena Finnerty Wins Summary Judgment on Negligence Case

21 May 2018

Pierce & Mandell attorney Lena Finnerty recently won summary judgment for the firm’s architect client in a case involving a slip and fall at a local federal government facility. The firm represented an international architectural firm in a case involving a federal government employee who fell in the indoor “winter garden” of her employer’s large facility. Plaintiff alleged that she...

Read more...

Lena Finnerty Wins Summary Judgment on Negligence Case

Recent SJC Decision Establishes That Insurer’s Duty to Defend Does Not Include Counterclaims

20 November 2017

By Curtis B. Dooling Under Massachusetts law, an insurer’s duty to defend its insured is broad. An insurer has a duty to defend its insured if the allegations against the insured are “reasonably susceptible of an interpretation that states or roughly sketches a claim” that falls within the defense obligation’s scope. Billings v. Commerce Ins. Co., 458 Mass. 194, 200...

Read more...

Recent SJC Decision Establishes That Insurer’s Duty to Defend Does Not Include Counterclaims

Dooling Wins Premises Liability Jury Trial in Berkshire County

2 February 2017

Curt Dooling recently obtained a defense verdict on behalf of his clients in a jury trial in the Pittsfield District Court in Berkshire County. The plaintiff sustained multiple leg fractures after tripping over an entrance rug in a convenience store in Pittsfield, Massachusetts. Dooling represented the owner and operator of the convenience store. The plaintiff alleged that the entrance rug...

Read more...

Dooling Wins Premises Liability Jury Trial in Berkshire County

Dooling Wins Premises Liability Jury Trial in Berkshire County

2 February 2017

Curt Dooling recently obtained a defense verdict on behalf of his clients in a jury trial in the Pittsfield District Court in Berkshire County. The plaintiff sustained multiple leg fractures after tripping over an entrance rug in a convenience store in Pittsfield, Massachusetts. Dooling represented the owner and operator of the convenience store. The plaintiff alleged that the entrance rug...

Read more...

Dooling Wins Premises Liability Jury Trial in Berkshire County

Bob Pierce Successfully Tries Four Jury Cases in 2016

15 December 2016

Founding shareholder Bob Pierce took four cases to jury trials in 2016. The cases were tried in four separate superior courts: Essex (Newburyport), Middlesex, Suffolk, and Dukes County (Martha’s Vineyard). In three of the cases, Bob achieved defense verdicts on behalf of his clients; in the fourth, the case settled after several days of trial based on a payment of...

Read more...

Bob Pierce Successfully Tries Four Jury Cases in 2016

PIERCE and DOOLING WIN PRODUCT LIABILITY TRIAL ON MARTHA’S VINEYARD

14 December 2016

Bob Pierce and Curt Dooling recently obtained a defense verdict on behalf of their client in a jury trial in Dukes County Superior Court on Martha’s Vineyard. The plaintiff in the case sustained a serious eye injury, which eventually led to the loss of the plaintiff’s eye, when he was struck with a golf disc designed and manufactured by Pierce...

Read more...

PIERCE and DOOLING WIN PRODUCT LIABILITY TRIAL ON MARTHA’S VINEYARD

Liability Waivers and Releases – Who and What is Being Released - Boston, MA

1 December 2016

by Curtis Dooling Superior Court Judge Dennis Curran recently allowed the estate of a man who died at a YMCA facility to proceed with a wrongful death claim against the YMCA even though the decedent signed a liability release. The decedent, who was participating in an elderly exercise program at the YMCA, was found unconscious in a steam room. YMCA...

Read more...

Liability Waivers and Releases – Who and What is Being Released - Boston, MA

Pierce & Mandell Attorneys Achieve Defense Verdict

21 September 2016

Bob Pierce and Lena Finnerty obtained a defense verdict on behalf of their client in a jury trial in Middlesex Superior Court that concluded on September 19, 2016. The plaintiff in the case claimed that he suffered serious head injuries when he fell on black ice in the parking lot of the office park owned by Pierce & Mandell’s clients. ...

Read more...

Pierce & Mandell Attorneys Achieve Defense Verdict

Curt Dooling Quoted in Massachusetts Lawyers Weekly Article on Recent SJC Decision DiCarlo v. Suffolk Construction Co., Inc., et al.

6 July 2016

Pierce & Mandell attorney Curt Dooling was quoted in a Massachusetts Lawyers Weekly article on the recent Supreme Judicial Court decision of DiCarlo v. Suffolk Construction Co., Inc., et al. In DiCarlo, the SJC held that pain and suffering damages were not subject to a workers compensation lien pursuant to G. L. c. 152, § 15. In the article, Dooling...

Read more...

Curt Dooling Quoted in Massachusetts Lawyers Weekly Article on Recent SJC Decision DiCarlo v. Suffolk Construction Co., Inc., et al.

Pain and Suffering Damages Not Subject to Workers’ Compensation Lien - Boston, MA

1 March 2016

by Curtis B. Dooling The Supreme Judicial Court recently held that pain and suffering damages recovered by an injured plaintiff in a third-party personal injury case were not subject to a lien held by a workers’ compensation insurer that paid benefits to the injured plaintiff. Although it is too early to tell what effect this case will have in civil...

Read more...

Pain and Suffering Damages Not Subject to Workers’ Compensation Lien - Boston, MA

Recent Changes to Superior Court Rule 9A

22 January 2016

By: Curtis B. Dooling Superior Court Rule 9A governs the service and filing of all civil motions in the Massachusetts Superior Court. A thorough understanding of Rule 9A is essential to a successful litigation practice. A recent change to Rule 9A that went into effect on January 1, 2016 has simplified the manner in which reply memoranda can be filed....

Read more...

Recent Changes to Superior Court Rule 9A

FIRM ACHIEVES DEFENSE VERDICT

11 January 2016

On January 8, 2016, an Essex County (Newburyport)  jury returned a defense verdict in favor of Pierce & Mandell’s client on plaintiff’s significant personal injury claim.  Bob Pierce tried the case, and Scott Zanolli assisted. The plaintiff in the case claimed that she fell on the walkway of a condominium complex due to untreated snow and ice. Plaintiff brought claims...

Read more...

FIRM ACHIEVES DEFENSE VERDICT

Available Recoverable Damages In Wrongful Death Actions - Boston, MA

4 December 2015

By: Scott M. Zanolli In wrongful death cases, estates of the deceased are entitled to specific statutory damages.  Under Massachusetts law, these damages are governed by G.L. c. 229, §2.  A claim for wrongful death is enforced by the personal representative of the decedent’s estate for the benefit of the statutory beneficiaries.  Under G.L. c. 229, §1, the beneficiaries of...

Read more...

Available Recoverable Damages In Wrongful Death Actions - Boston, MA

UBER INSURANCE

18 November 2015

By Curtis B. Dooling On New Year’s Eve 2014, an UberX driver in San Francisco struck a family crossing the street and killed a six year-old girl. This was the first – but likely not the last - tragic motor vehicle accident involving vehicles driven by Uber drivers or other ride-share companies. What propelled this story after the tragedy was...

Read more...

UBER INSURANCE

Massachusetts Appeals Court Extends Workers’ Compensation Bar to “Alternate Employers”

6 November 2015

by Paul Hourihan, Pierce & Mandell, P.C. The Massachusetts Appeals Court recently extended the bar on liability provided in the Massachusetts Workers’ Compensation Act, G.L. c. 152, § 1, et seq., to protect employers whose employees are provided by a separate staffing entity. The Massachusetts Workers’ Compensation statute requires employers to obtain workers’ compensation insurance for all employees to ensure...

Read more...

Massachusetts Appeals Court Extends Workers’ Compensation Bar to “Alternate Employers”

Trip and Fall Suit Against Retail Store Dismissed on Summary Judgment - Boston, MA

2 October 2015

By: Curtis B. Dooling A superior court judge recently dismissed a plaintiff’s trip and fall claim against Ward’s Berry Farm in Sharon, MA, holding that a pallet with a box of empty fruit baskets on it next to a checkout counter was not an unreasonable danger that required the store to warn customers. In the case, Belanger v. Boys in...

Read more...

Trip and Fall Suit Against Retail Store Dismissed on Summary Judgment - Boston, MA

“Hereof fail not…” – The SJC’s Recent Change to Mass. Subpoena Procedure

15 July 2015

by Paul Hourihan, Associate, Pierce & Mandell, P.C. The Massachusetts Supreme Judicial Court recently amended Rule 45 of the Mass. Rules of Civil Procedure to include language authorizing “documents only subpoenas.”  Prior to this change, subpoenas in Massachusetts were deposition subpoenas: attorneys, even if they didn’t want to talk to you, would send you a subpoena that made it look...

Read more...

“Hereof fail not…” – The SJC’s Recent Change to Mass. Subpoena Procedure

Pro Hac Vice Counsel; Only as Good As Their Local Counsel

26 March 2015

By: Dennis Lindren Pursuant to G.L. c. 221, §46A, out of state counsel may seek permission to practice law temporarily in Massachusetts pro hac vice. While the provisions of that particular statute clearly allow the Court wide discretion in deciding a pro hac vice motions (see e.g. Diluzio v. United Electrical, Radio and Machine Workers of America, Local 274, et...

Read more...

Pro Hac Vice Counsel; Only as Good As Their Local Counsel

Bob Pierce tells Boston Business Journal to Expect a Major Spike in Winter-Related Litigation - Boston, MA

6 March 2015

Seasoned Pierce & Mandell litigator and founding partner Bob Pierce may not get his NCAA Final Four Championship bracket exactly right, but he was pretty confident when reached by The Boston Business Journal this week about the effect of this biblical winter on future litigation.  Unlike some past winters that were relatively mild with minimal snow and ice events, Pierce...

Read more...

Bob Pierce tells Boston Business Journal to Expect a Major Spike in Winter-Related Litigation - Boston, MA

SJC Announces Interim Procedure for Attorney and Self-Represented Party Participation in Juror Voir Dire

11 December 2014

by Robert R. Pierce and Curtis B. Dooling On December 5, 2014 the Massachusetts Superior Court issued a standing order outlining interim procedures governing attorney-conducted voir dire in Superior Court civil and criminal trials. The standing order was issued in anticipation of the implementation of G. L. c. 254, § 2, which will go into effect on February 2, 2015....

Read more...

SJC Announces Interim Procedure for Attorney and Self-Represented Party Participation in Juror Voir Dire

Changes to Voir Dire and Damages Requests

9 September 2014

CHANGES TO SUPERIOR COURT TRIAL PROCEDURE IN MASSACHUSETTS: ATTORNEY CONDUCTED VOIR DIRE AND SPECIFIC DAMAGES REQUESTS By: Robert Pierce and Natalia Smychkovich  On August 6, 2014, Governor Patrick signed House Bill 4123, the “Trial Court Bill,” altering two Massachusetts statutes concerning trial procedure at the Superior Court level.  The new law, effective February, 2015, will substantially alter jury trial practice...

Read more...

Changes to Voir Dire and Damages Requests

Sheehan Case Alters Scope of Strict Premises Liability

10 July 2014

A recent decision by the Massachusetts Supreme Judicial Court alters the scope of M.G.L. ch. 143, § 51, which creates strict liability for injuries resulting from a violation of the Massachusetts Building Code.  In William Sheehan vs. David B. Weaver, et al., 467 Mass. 734 (2014), the SJC did away with an antiquated distinction in the interpretation of M.G.L. ch....

Read more...

Sheehan Case Alters Scope of Strict Premises Liability

Pierce Mandell Secures Important Appellate Victory Case Involving Disparate Fault Theory of Common Law Indemnity

1 October 2013

Pierce & Mandell, P.C. has secured an important appellate victory for a subcontractor and buyer of industrial scaffolding equipment in the appeal of a dismissal of the indemnity claims the equipment’s manufacturer.   In Fraco Products, Ltd., et al. v. Bostonian Masonry Corp., the Massachusetts Appeals Court addressed whether or not the trial court erred in dismissing the indemnity claims...

Read more...

Pierce Mandell Secures Important Appellate Victory Case Involving Disparate Fault Theory of Common Law Indemnity

Interest On Tort Judgments for Personal Injury and Property Damage Claims - Boston, MA

11 March 2013

By: Thomas E. Kenney In Massachusetts, interest on tort cases is governed by two statutes, one providing for pre-judgment interest, and one governing post-judgment interest.  G.L. c. 231, § 6B provides that where a plaintiff recovers in a personal injury claim or property damage claim, the clerk shall automatically add interest to the recovery in the amount of twelve percent...

Read more...

Interest On Tort Judgments for Personal Injury and Property Damage Claims - Boston, MA

OSHA Highlights Winter Dangers That Affect Construction Workers

12 February 2013

by Dennis M. Lindgren The Occupational Safety and Health Administration (OSHA) is the Federal Government Agency whose primary responsibility it is to protect workers from dangers or hazards in the workplace. OSHA accomplishes this by establishing many different guidelines, rules and requirements for employers in order to ensure that workers are as protected as possible. Unfortunately, not even OSHA can...

Read more...

OSHA Highlights Winter Dangers That Affect Construction Workers

Understanding the Dog Bite Law in Massachusetts

21 January 2013

By: Dennis Lindgren Massachusetts has one of the most expansive dog bit laws for the protection of victims, especially young children, in the United States.  General Laws of Massachusetts, Chapter 140, Section 155 establishes Massachusetts as a "strict liability state," which means that a bite victim is not required to prove fault or liability on the part of the dog’s...

Read more...

Understanding the Dog Bite Law in Massachusetts

Dennis M. Lindgren named "Rising Star" by Super Lawyers 2012

2 January 2013

Pierce & Mandell, P.C. congratulates our newest partner, Dennis M. Lindgren, on being named a "Rising Star," in the practice of Plaintiff's Personal Injury law by Super Lawyers 2012, a joint publication of Boston Magazine and Reuters. Rising Stars are those attorneys under the age of 40 who have been nominated by peers for excellence in their chosen practice area. ...

Read more...

Dennis M. Lindgren named "Rising Star" by Super Lawyers 2012

Your Legal Rights as a Pedestrian and as a Landowner

24 December 2012

As winter quickly approaches, so does the onset of the always unpredictable Boston winter weather. As sidewalks and parking lots start to become wet, icy and slippery, it’s important to know your legal rights as a pedestrian and your legal duties as a landowner. Historically, Massachusetts courts distinguished between natural and unnatural accumulations of snow and ice when considering whether...

Read more...

Your Legal Rights as a Pedestrian and as a Landowner

Out of State Driver’s Damages not Offset by Personal Injury Protection

18 December 2012

In Massachusetts, every insured driver carries their own personal injury protection coverage ("PIP") which, regardless of fault, will cover some portion of that person's medical bills and lost wages (anywhere between $2,000.00 and $8,000.00, depending upon the circumstances). When those drivers are injured by the negligence of another driver, and seek compensation through a personal injury claim, defendant drivers and...

Read more...

Out of State Driver’s Damages not Offset by Personal Injury Protection