Marielise Kelly included in 2013 Bar Register of Preeminent Women Lawyers

Marielise Kelly has been included in 2013 edition of Martindale-Hubbell Bar Register of Preeminent Women Lawyers which is awarded to fewer that five percent of all women lawyers in the nation.

Richard A. Gargiulo included in the 2013 Edition of The Best Lawyers in America.

According to its website, Best Lawyers is the oldest and most respected peer-review publication in the legal profession. A listing in Best Lawyers is widely regarded by both clients and legal professionals as a significant honor, conferred on a lawyer by his or her peers. For more than three decades, Best Lawyers® lists have earned the […]

Sheehan v. Balanced Health & Fitness, Inc. et al

Court denied Plaintiff’s motion to compel Defendants’ tax returns based on a qualified privilege against compelled production of federal tax returns because Plaintiff had failed to demonstrate a substantial need for those documents which is necessary to overcome the qualified privilege.

Robert A. Griffith was a faculty member the the MCLE New England seminar “Representing Physicians, Health Care Providers & Medical Groups” in Boston, MA in February 2013.

The MCLE New England seminar “Representing Physicians, Health Care Providers & Medical Groups” brings together a series of cutting-edge topics covering the most recent developments in the regulation of health care professionals, particularly for physicians and their practice groups. Attendees of the program learned: The components of mandatory compliance programs How to respond to audits and […]

David Pierce v. Cotuit Fire District, Board of Fire Commissioners of the Cotuit Fire District, et al

Plaintiff firefighter’s complaint asserting claims under 42 U.S.C. §1983 for political discrimination and unlawful retaliation under the First Amendment, as well as claims for tortious interference with contractual relations and alleged violations of the Massachusetts Whistleblower Act, M.G.L.c. 149 §185 were all disposed of by the court’s entry of summary judgment in favor of Defendants. […]

Arbella Mutual Insurance Company as Subrogee of Dwight and Lisa DeGeorge v. Holden Oil Company and Bob McGee Plumbing and Heating Company

Insurer’s motion for summary judgment allowed on claims against the insurer under M.G.L.c. 93A §11, alleging unfair and deceptive business practices, where there was no business relationship, trade or commerce between the insurer and the claimant which could give rise to a viable claim under M.G.L.c. 93A §11. Arbella Mutual Insurance Company as Subrogee of […]

David Pierce et al. v. Cotuit Fire District et al., Barnstable Superior Court, C.A. No.: 2011-00178

Summary judgment entered on all of the Plaintiffs’ claims under the Massachusetts Open Meeting Law, M.G.L.c. 39 §18-25 due to Plaintiffs’ failure to file their complaint within the timeframe mandated by law. Additionally, to the extent there was a violation of the Open Meeting Law, the Board cured that violation through subsequent meetings conducted in […]

Welsh v. Arbella Mutual Insurance Company, Barnstable Superior Court, C.A.No: 2010-00623 (Decision March 14, 2012) (Welch, J. (Ret.))

Defendant-insurer was not collaterally estopped from defending against an under-insured motorist arbitration based on prior PIP litigation under M.G.L.c. 90 §34M between that insurer and a chiropractor who treated the claimant who was seeking underinsured motorist benefits. The arbitrator ruled that the cases were different and the parties were not the same. Welsh v. Arbella […]

Boyd v. Cooperative Reserve Supply, Inc. v. FL Larson Trucking, Inc., Middlesex Superior Court, C.A. No.: 2011-0313 (Decision November 9, 2011) (Budd, J.)

Defendant / Third-Party Plaintiff defeated motion for summary judgment brought by third party Defendant who owned a flat bed trailer involved in an incident that occurred during the unloading of a shipment of commercial goods from that flat bed trailer. Moving party alleged that the load was under the control of an independent contractor over […]

Podiatrist’s use of anesthesia covered under Medicare

On November 7, 2011, U.S. Administrative Law Judge Robert Fisher (the “ALJ”) of the Office of Medicare Hearings and Appeals, directed Medicare to process all of a Massachusetts podiatrist’s claims for partial nail avulsions which it had previously denied. This important decision, which is now in full force and effect, clarifies the proper billing of […]