The lesson of the case - cost is cost. A recent Maryland case is interesting because an owner’s rep tried to sue a CM for giving a way low preliminary GMP. Due to the contract language - that argument didn’t work. The CM sued for the changes the owner’s rep refused to authorize. … Read More »Fired Owner’s Rep Sues Construction Manager
Expensive Attack on Agreed Process for Appraiser Fails
STATE ROOM, INC. v MA-60 STATE ASSOCAITES LLC 84 Mass App Ct 244 (2013) FACTS A lease set rent for the option term beginning 2010 to be determined by three appraisers. By the agreement, the landlord chose one appraiser, the tenant chose one and those two, chose a third. The tenant found what it called… Read More »Expensive Attack on Agreed Process for Appraiser Fails
Employee allowed to sue employer for inflicting emotional distress intentionally
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 employer created an almost unbelievably hostile and disgusting workplace environment. She sued claiming intentional infliction of emotional distress, sexual harassment by hostile work environment and constructive discharge. The jury award… Read More »Employee allowed to sue employer for inflicting emotional distress intentionally
Emotional distress ≠ bodily injury. Mass auto choice of law.
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 Liberty Mutual Insurance v Correia (Mass App Ct 2022) Per person limits in car accident coverage selection pages for Massachusetts automobile insurance covering Massachusetts owners/drivers limits purely emotional distress claim.… Read More »Emotional distress ≠ bodily injury. Mass auto choice of law.
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