Generally speaking, regulated utilities operate under the terms and conditions of tariffs that are filed with and approved by the regulatory authority in the jurisdiction in which they operate. A regulated utility that is sued for practices that are governed by a tariff has more tools to employ in its defense than one that does not. Two recently decided motions to dismiss demonstrate this difference.
Can Massachusetts' six-year statute of repose preclude an otherwise timely claim under Massachusetts' Consumer Protection law, Chapter 93A? According to a recent Supreme Judicial Court decision, the answer is yes.
Internal reports that aggregate accident data may be admissible against a defendant notwithstanding an objection that those prior accidents were not substantially similar. Earlier this month the Appeals Court affirmed the amended judgment in Dubuque v. Cumberland Farms, Inc., 93 Mass.App.Ct. 332 (2018), which was a wrongful death case that arose from an automobile striking […]
It has been eight years since the Supreme Judicial Court decided Law v. Griffith, 457 Mass. 349, 930 N.E.2d 126 (2010), and provided defendants in personal injury actions guidance concerning the admissible bounds of a challenge to a plaintiff’s medical bill damages. Recently, Massachusetts Lawyers Weekly published an article concerning a pair of decisions from […]