Faircloth v. DiLillo

Plaintiffs brought a medical malpractice action against a number of defendants, including Physician. After the medical malpractice tribunal determined there was not sufficient evidence to raise a legitimate question of Physician's liability appropriate for judicial inquiry, Plaintiffs moved for a reduction of the $6,000 bond they were required to file to continue to pursue their claim. The judge concluded that Plaintiffs were indigent. However, because the judge believed Plaintiffs' attorney was funding the expenses of litigation, including the cost of the bond, the judge refused to reduce the amount of the bond. The Supreme Court vacated the denial of Plaintiffs' motion to reduce the amount of the bond, holding that a judge cannot consider the potential resources of counsel in determining whether to reduce the bond amount under Mass. Gen. Laws ch. 231, 60B. Remanded. View "Faircloth v. DiLillo" on Justia Law