Developers' risks in Massachusetts now include suits from the Condominium Association over negligent construction or design of common areas. Bewildering "economic loss rule" not applied. Massachusetts Supreme Judicial Court just decided Wyman v Ayer Properties LLC 469 Mass 64 (2014) deciding that Condominium associations can sue builders who construct common areas negligently. My write up… Read More »Condo Assn Recovers from Negligent Developer
Commercial Landlord Early Termination Damages – Write it In
Massachusetts' top Court just decided a case that commercial landlords will not want to miss. If your lease doesn't call out how to measure damages after a tenant defaults, you may have to wait until the end of the original lease term to recover. 275 Washington Street Corp. v Hudson River International 465 Mass 16… Read More »Commercial Landlord Early Termination Damages – Write it In
Bullies haven’t needed to fear the law. However Massachusetts has a law GL c 258 E which could be a tool against bullies – and it features the possibility of recovering attorney’s fees. Because the law is aimed at stopping egregious repeated conduct it has been strictly interpreted but its definitions seem to fit many… Read More »Civil Harassment Prevention Orders – Bullying Stoppers?
Business Insurance doesn’t reach these assault claims
FACTS A 23 year old ballerina student brought claims of sexual assault occurring on a work-related trip far from home, against a 43 year old instructor/ employee of the school and officer of its business. Recent Massachusetts Appeals Court case dismisses claims that insurers have to defend the conduct alleged in this case. Marculetiu v.… Read More »Business Insurance doesn’t reach these assault claims
Broad Seep of Arbitration Clause Can’t Pull in Non-Signers
A Massachusetts doctor, who didn't sign an arbitration agreement between a nursing home and its patient, couldn't be forced to take part in the arbitration, or to be stuck with the result, when the patient claimed malpractice. The case Walker v Collyer found a patient trying to force a doctor into an arbitration the doctor… Read More »Broad Seep of Arbitration Clause Can’t Pull in Non-Signers
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