Emailed Settlement Agreement Enforced Despite No Time to Pay Term
Parties resist settlement agreements and often regret making them. FACTS Parties in a recent Massachusetts case agreed on a settlement number but the agreement was silent on when the payments were to be made. The party making payments wanted to stretch out payments over time. The receiving party wanted its money right away. ISSUE The… Read More »Emailed Settlement Agreement Enforced Despite No Time to Pay Term
Does a Corporation or LLC Need a Lawyer in Massachusetts’ Courts?
Corporations and LLC’s are considered to be legal individuals, and while people can go to court without a lawyer and represent themselves (pro se), the Massachusetts Courts prohibit corporations from acting on their own without a lawyer to: File or Answer a complaint or any kind of court pleading or to make any kind of… Read More »Does a Corporation or LLC Need a Lawyer in Massachusetts’ Courts?
Dim Hope of Arbitration Award Review – Excess of Authority = Lone Basis
A recent Massachusetts case confirms, again, that Court review of arbitration awards is begrudging and very limited. Below is a brief of CONWAY v CLC BIO LLC 87 Mass App Ct 503 (2013) FACTS Employee disputed the amount of severance payments and claimed the company violated Massachusetts Wage Act . The employment agreement was subject… Read More »Dim Hope of Arbitration Award Review – Excess of Authority = Lone Basis
Did PO say Vendor would Defend claims that buyer was negligent?
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 installer (Stanley) under a Purchase Order.A customer (Gorelick) sued both Shaws and Stanley saying the door swing injured him. The negligence claims were – against Shaws – failure to maintain,… Read More »Did PO say Vendor would Defend claims that buyer was negligent?
A condo association can recover against the builder or developer for negligently performed construction according to a 2012 Massachusetts Appeals Court case Wyman v Ayer Properties. The case interpreted a rule few really understand - the economic loss rule. The rule is based on the idea that lawsuits between people who have no contract with… Read More »Developers Stuck with Common Area Suits
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