Gorelick v Star Markets Company Inc. Mass Appeals Court 2023 FACTS Supermarket (Shaws, a part of Star Markets) bought automatic doors from the manufacturer and… Read More »Did PO say Vendor would Defend claims that buyer was negligent?
Mass Most Interested in Claim against Mass lawyer A case involving the recording artist Prince forces Massachusetts Appeals Court to decide if Mass or Minnesota… Read More »Whose Law Rules Prince Estate Claim?
Vermont Mutual v Poirier SJC (2022) FACTS Sewage got into a homeowner’s basement. Poirier (doing business as Servpro of Fitchburg-Leominster) cleaned it up. Poirier warned… Read More »93A Attorney’s Fees Not Covered by GL
Commercial landlord intended to coerce tenant to give concessions beyond those from party’s agreement. Massachusetts SJC decides H1 Lincoln Inc. v South Washington Street LLC… Read More »Misconduct Commercial Landlord -> 2x Damages
Emotional distress of spouse from witnessing spouses’ fatal injury was not “bodily injury” for purposes of collecting from Massachusetts car insurer. Mass Appeals Court case… Read More »Emotional distress ≠ bodily injury. Mass auto choice of law.
Makers of non-defective components are not liable for damages caused when the part is added to a bigger assembly which does cause damage. Massachusetts SJC… Read More »HVAC Fail not Due to Maker of Coil
Homeowners doesn’t cover defense of home condition warranty. Norfolk & Dedham v Norton Ma App Ct (2021) FACTS The homeowners made statements in the seller’s… Read More »Homeowners Ins No Seller Warranty Defense
Workers who collect worker’s comp payouts lose the right to sue their employer. Any other party who could be legally liable remains open to suit.… Read More »Joint Corporations Enjoy Comp Immunity
Contractor hired by city has to protect it on suits from cops on hair sample drug testing NO SPECIAL FORM OF NOTICE FOR DUTY TO… Read More »Agreement with Duty to Defend Enforced
No impunity for bullying totally unconnected to the employer’s interest A Latina legal assistant worked at the law offices of a male solo practitioner. The… Read More »Employee allowed to sue employer for inflicting emotional distress intentionally