Updated Pay Rates Apply on Mass Public Jobs – Whether the employer gets the update memo or not.
Mass SJC 2019 case Donis v American Waste Services LLC Parties Employee = DonisEmployer = AWS LLC Public Entities = TownsState Department of Labor = Determine prevailing wage rates Facts Cape Cod towns put material hauling work contracts out for public bid. Bidders knew they would have to pay ‘prevailing wage’. The Department of Labor… Read More »Updated Pay Rates Apply on Mass Public Jobs – Whether the employer gets the update memo or not.
Conduct of the claimant admitted as a defense to machine design defect warranty claim; jury finds that conduct blocks all recovery. Affirmed on Appeal. Rose v Highway Equipment Company 86 Mass App Ct 204 (2014) WORKER INJURED MAINTAINING WORK EQUIPMENT Rose, a worker injured while performing maintenance on heavy machinery, sued the manufacturer of the… Read More »Unreasonable Misuse Evidence Blocks Warranty Claim Injury Recovery
If you must know more about “the economic loss rule”, … it is rule is based on the idea that lawsuits between people who have no contract with each other should have some limits. It prohibits recovery of “economic damages” where negligence (rather than breach of an agreed upon contract) is alleged to have caused… Read More »The Bewildering Economic Loss Rule
Ten Tips for Massachusetts Property Insurance Claims
You have paid premiums, now you have a claim because your property got damaged. How does that work? Give Notice Early – Contact the insurer to give notice of claim. The initial notice need not be detailed. You Are Your Claim # – Know your Claim # – this is the key to the door… Read More »Ten Tips for Massachusetts Property Insurance Claims
Tariff exculpates utilities; blocks recovery of business losses. Courts defer to Legislature’s DPU.
Regulated utilities sit on the seams between public and private, Federal and State and often, on the seams between the branches of government. In a recent Massachusetts case, Maryland Casualty v NSTAR Electric 471 Mass 416 (2015) the Judiciary reinforced its role as subordinate to the Legislative branch. The issue in the case – was… Read More »Tariff exculpates utilities; blocks recovery of business losses. Courts defer to Legislature’s DPU.
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