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CW successfully defeated an interlocutory appeal in the case of Stephano v. Morris HealthCare LLC, which was brought before the Massachusetts State Court of Appeals.  The appellate court, in reliance on CW’s arguments, found that a nursing home was not absolutely immune from claims under the COVID-19 Immunity Act.  As such, the appellate court further found that plaintiff’s claims for emotional distress and defamation arising from the nursing home’s wrongful treatment of her during and after visiting her dying mother can go to trial. Stephano v. Morris HealthCare LLC, 2024 Mass. App. Unpub. LEXIS 407; 104 Mass. App. Ct. 1112; 2024 WL 3219635.

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CW’s lead trial counsel recently defeated a summary judgment motion brought by a nursing home care facility whereby the facility claimed it was immune from liability under the COVID-19 Liability Protection Act.  The Worcester Superior Court found that the COVID-19 Liability Protection Act did not apply because the facility was not providing care services to the plaintiff and the motion could not be granted because there was a dispute as to material facts as to whether the facility acted in good faith in its actions towards plaintiff.

CW’s lead trial counsel recently defeated a complex summary judgment motion against its client in Middlesex Superior Court claiming the mislabeling of a business bank account as a payroll account constituted a violation of law.