Edinburg v. Massachusetts Mutual Life Insurance

As the majority opinion makes perfectly plain, the contention of the defendant Dorothy Edinburg is a “clearly independent issue raised here for the first time.” Royal Indem. Co. v. Blakely, 372 Mass. 86, 88 (1977). I thus am amazed that counsel presses so hard on appeal. I am, however, even more troubled by the fact that counsel has made the argument at all. On the contrary, not only is the record completely void of any reference to Mass.R.Civ.P. 56(f), 365 Mass. 825 (1974),1 it reflects counsel’s representation to the court that the case was appropriate for summary judgment because it…