McCARTHY v. SLADE ASSOCIATES, INC.

SJC-11009.

463 Mass. 181 (2012)

REGAN McCARTHY v. SLADE ASSOCIATES, INC., & another (and two companion cases).

Supreme Judicial Court of Massachusetts, Barnstable.

August 10, 2012.


Attorney(s) appearing for the Case

Thomas M. Elcock for Regan McCarthy.

Robert J. Muldoon, Jr. ( Matthew C. Moschella with him) for Burns & Levinson LLP & another.

Richard A. Oetheimer ( Allison Wannop with him) for Seamen's Savings Bank.

Benjamin E. Zehnder for Slade Associates, Inc., & another.

Michael P. Roche, for Lester J. Murphy, was present but did not argue.

Marissa I. Delinks, for Christopher J. Snow, was present but did not argue.

Present: IRELAND, C.J., SPINA, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.


BOTSFORD, J.

We consider here the validity of a discovery order premised on a theory of implicit or "at issue" waiver of protection for otherwise privileged or confidential information. Before the court are cross appeals in three consolidated cases pending in the Superior Court. In the underlying cases, the plaintiff Regan McCarthy has sued various parties, including attorneys and land surveyors, who, she alleges, failed to inform her that a parcel of land she purchased...

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