Matthew A. Kane’s Answers

Matthew A. Kane

Boston attorney.

Contributor Level 12
  1. When does mental Manipulation and extreme micromanaging become harassment?

    Answered almost 5 years ago.

    1. Matthew A. Kane
    1 lawyer answer

    Without knowing more, probably never. A jerky boss does not a lawsuit make. If, however, his behavior was motivated by the race, gender, ethnicity, religion, disability, or some other protected status of the subordinates, there may be actionable employment discrimination. Further, if boss's conduct is so extreme and outrageous as to make an ordinary person excliam "that's outrageous!", there may be actionable intentional infliction of emotional distress. Good luck! Matt

    3 people marked this answer as helpful

  2. Question about wrongful death suit in ma.

    Answered over 4 years ago.

    1. Matthew A. Kane
    2. Gregory Casale
    3. Daniel Malis
    4. Bruce H Murray
    5. Gerald Gregory Lutkenhaus
    6. ···
    7 lawyer answers

    I am sorry for your loss. I've never seen "medical malpractice" on a death certificate. The medical examiner likely had no clue how or why those drugs ended up in her system, he could only see that they were there. It is impossible to say whether there is a potential medical malpractice/wrongful death suit from the facts you have presented. There are many good attorneys in Boston who will evaluate the case for you at no cost, including getting relevant medical records and, if warranted,...

    1 lawyer agreed with this answer

  3. Do we have a case & how long before we can go forward

    Answered almost 5 years ago.

    1. Matthew A. Kane
    2. Joseph K. Chancellor
    3. Michael J. Helfand
    3 lawyer answers

    I am sorry to hear about your situation. If you are interested in pursuing a malpractice claim, you should contact a medical malpractice lawyer immediately. There is a three-year statute of limitations for med/mal claims in Massachusetts. If you would like the name of a talented attorney who will offer a free consultation and expert review of the relevant medical records, feel free to contact me. Good luck! Matt

    2 people marked this answer as helpful

  4. Auto accident third party Insurance Small claims case

    Answered almost 5 years ago.

    1. Henry Lebensbaum
    2. Matthew A. Kane
    3. S Edmond ElDabe
    3 lawyer answers

    I agree. No release, no pay.

    1 lawyer agreed with this answer

  5. What is the motion to be filed to recall a capias?

    Answered almost 5 years ago.

    1. Matthew A. Kane
    1 lawyer answer

    It sounds like a capias issued because you failed to attend a hearing on a notice to show cause. If you missed a payment, the creditor's recourse was to petition for a notice to show cause. A hearing was probably scheduled. You were supposed to appear and turn your pockets inside out in front of the judge to show that they were empty. The motion you should file is a motion to remove the default that entered when you failed to appear. If you have a legitimate excuse for not appearing at...

    1 person marked this answer as helpful

  6. Will I have to repay relocation expenses if I leave because my employer demoted my title and it will harm my career?

    Answered almost 5 years ago.

    1. Matthew A. Kane
    1 lawyer answer

    Unfortunately, there is not a simple answer to your question, at least not based on the limited facts presented. The underlying legal question is whether the employer's decision to demote you was a sufficiently material breach of your employment agreement to relieve you of your obligation to repay moving expenses. I think you have the better of the argument, but when there is no easy answer, and the parties are sufficiently ticked at one another, litigation ensues. So what to do? Well,...

    1 person marked this answer as helpful

  7. Debt collection agencies

    Answered almost 5 years ago.

    1. Matthew A. Kane
    2. Phil A. Taylor
    3. Shawn B Alexander
    3 lawyer answers

    One option is to lawyer up. If a lawyer sends the agency a letter of representation on your behalf demanding that the contacts cease, the agency must refrain from future contacts or risk violating the Fair Debt Collection Practices Act. Good luck! Matt

    1 person marked this answer as helpful

  8. May sound trival,my neighbor took my cat and then had two people call me to say they had seen the cat miles from my house.

    Answered almost 5 years ago.

    1. Matthew A. Kane
    2. Henry Lebensbaum
    3. Laura Mcfarland-Taylor
    3 lawyer answers

    That seems like pretty cruel and outrageous conduct. You may have a claim against your neighbor for intentional infliction of emotional distress. Good luck! Matt

    1 person marked this answer as helpful

  9. I had a hysterectomy July 2009. The surgeon sliced my bladder. This occurred at a VA hospital.

    Answered almost 5 years ago.

    1. Matthew A. Kane
    2. Joseph K. Chancellor
    2 lawyer answers

    I am sorry for your situation. There are a number of very talented medical malpractice attorneys in the Boston area who could review your records at no cost to you and give you their professional opinion. I'd be happy to provide you with a referral. Feel free to contact me. Thanks, Matt

    1 person marked this answer as helpful

  10. Can i file a defamation of character lawsuit?

    Answered almost 5 years ago.

    1. William T Harrington
    2. Henry Lebensbaum
    3. Matthew A. Kane
    3 lawyer answers

    If the statements were untrue, you've got yourself a garden variety defamation case. If the statements were true, they could still be found libelous under Massachusetts law if made with "actual malice," subject to a first amendment challenge to the validity of the "actual malice" end-around of the truth defense. Good luck!

    1 person marked this answer as helpful