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
Designers on Hook Where Cover Excluded Required Element
When the contract mandates specific coverage, be sure you have it. Designers were found to have breached their contract to procure insurance naming an Ohio hospital as additional insured on the designer’s General Liability coverage. The insurance required under contract was to provide coverage for bodily injury “caused by a biological agent or bacteria”. In… Read More »Designers on Hook Where Cover Excluded Required Element
Cubicle Denizen’s OT Claim for Working Through Lunch OK’ed by Judges
Payroll is getting treacherous to administer. In another in the line of worker-friendly payroll decisions, a recent Massachusetts Appeals Court case Vitali v Reit Management & Research LLC decided an employee’s claim for OT for working through lunch, should survive – summary dismissal reversed. The employer had a policy requiring pre-authorization of overtime and encouraging… Read More »Cubicle Denizen’s OT Claim for Working Through Lunch OK’ed by Judges
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