Argument: September 2010

Keywords: Consumer Protection - Contract Law

Question Presented: Whether a plaintiff may recover under 93A for a violation that was not disclosed until after sending its demand letter, but prior to filing suit.

Facts: The plaintiffs were scheduled to take a cruise on September 16, 2001, with the defendant Norwegian Cruise Line. As a result of the September 11 attacks, they decided not to …

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Argument: October 2010

Keywords: Contract Law - Corporations - Disabilities - Discrimination - Employment

Question Presented: Whether a retaliation claim may lie under c. 151B where the employee was terminated three years before the employer’s alleged retaliatory action; whether board members may be liable for tortious interference with their own corporation’s contract.

Facts: Plaintiff Psy-Ed, a magazine publisher, employed defendant Kimberly Schive in its Boston office from 1993 to 1996. In 1996 Psy-Ed closed the Boston office and fired most employees. Schive, who …

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Argument: September 2010

Keywords: Contract Law - Insurance

Question Presented: Whether the Massachusetts Insurers Insolvency Fund cap of $300,000 per claim applies to each claimant, or may apply in the aggregate to all claims arising from a single incident if specified by the policy.  

Facts: After a doctor allegedly provided negligent care to Richard Smith, Smith and his wife and two children filed tort claims for bodily injury and loss of consortium. The doctor’s …

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