Burns & Farrey is pleased to introduce the first issue of our new newsletter. With an updated format and new content, readers have access to the very latest firm news, as well as important changes in the law. An electronic copy can be downloaded here: Issue One, September 2009

    James P. McLarnon, Jr. of our Worcester office was recently published in the UK-based "Post Magazine" for his piece "Articles of Faith", which details steps insurers can take to avoid and defend bad faith claims.

Timothy J. Smyth of our Boston office was recently published in "Claims Advisor" magazine for his article "OSHA Standards in General Contractor Claims". The full article can be found here.

Burns & Farrey congratulates Jeff A. Fishman of our Worcester office, who has been named the 2009 recipient of the Bishop Bernard J. Flanagan Ecumenical Award. Bishop McManus will present the award at this year's Red Mass, Sunday morning on November 22nd.

Frank S. Puccio, Jr. and Margaret R. Suuberg of our Boston and Worcester offices represented Consolidated Coating Company, Inc. in its multi-million dollar sale of assets. Attorneys Puccio and Suuberg will continue to represent the principal shareholder of the company as well as the related Consolidated Realty Trust.

Erik J. Tomberg and Edward B. McGrath of our Boston office will be published in the upcoming updated MCLE Massachusetts Torts Law Manual, to be released in summer 2009. Their article, “Torts to Property”, provides a broad overview of Trespass to Land, Nuisance, Waste, and Trespass to Chattels/Conversion. For each tort, the article sets out the elements of a prima facie case; available damages and potential defenses. In addition, there are accompanying practice notes, case examples, and sample forms.

Thomas B. Farrey, III and James T. Huggard attended the Rhode Island Annual Bar Meeting on June 18th & 19th in Providence, Rhode Island. The meeting was a wonderful opportunity to participate in continuing legal education seminars involving both the Rhode Island State courts and also the United States District Court sitting at Providence. One outstanding presentation was conducted by the sitting judiciary of the State and Federal courts and dealt with the differences between the Federal Rules of Evidence and the Rhode Island State Court Rules
of Evidence.

Amy M. Rogers, James P. McLarnon, Jr., Timothy J. Smyth, and law clerk John Farrey attended the DRI "Insurance Bad Faith and Extra-Contractual Claims" Symposium on June 18th & 19th in Boston, Massachusetts. One particularly interesting presentation involved the challenges of institutional bad faith claims, focusing on the hazards and opportunities of the discovery process for defendants.

Recently, Thomas B. Farrey, III and Frank S. Puccio, Jr. of our Worcester and Boston offices, presented seminars on spoliation of evidence to the Massachusetts Chapter of RIMS, as well as ESIS, Inc., a ACE USA Claims Management Subsidiary, Metropolitan Property and Casualty Insurance Company and Encompass Insurance. Topics included the legal definition of spoliation, potential court sanctions, how to minimize spoliation claims, and issues involving Event Data Recorders/"Black Boxes."

James P. McLarnon, Jr. of our Worcester office represented Pilgrim Insurance Company before the Massachusetts Appeals Court in Pilgrim Insurance Company v. Molard, 73 Mass. App. Ct. 326, 897 N.E. 2d 1231 (2008) following summary judgment for the insurer in a declaratory action involving late notice of an uninsured motorist claim. The Appeals Court remanded the case to the trial court relative to a perceived factual issue concerning the prejudice stemming from that late notice. 

Kate McCarron of our Worcester office represented the defendants in a wrongful death action in which the Court granted the defendants' Motion to Dismiss the plaintiff's complaint for failure to file the requisite affidavit pursuant to G.L. c. 231 sec. 60J. G.L. c. 231 sec. 60J requires a plaintiff to file an affidavit of sufficient facts with the complaint or 90 days thereafter in all cases involving claims of negligent distribution, sale or service of alcohol to a minor or intoxicated person. Robert Manjourea, as the Administrator of the Estate of Sean R. Manjourea v. D&S Liquors, et al., Worcester Superior Court, C.A. No. WOCV2007-01397C.