Litigation has been called the sport of kings. In my opinion, it is a bad way to solve problems or to answer questions. A recent Massachusetts Supreme Judicial Court case involving a dispute between a sitework sub and a GC started with the typical mutual accusations - the sub claimed the GC got in its… Read More »Litigation nightmare $900,000 subcontract >$1M verdict
Lack of Respect for Corporate Formalities Puts Company on the Hook for Guarantee
Mass corporation liable for unauthorized guarantee due to shoddy corporate paperwork and inaction after learning. People's United Bank v B&B Fire Protection Inc. Mass App Ct (2019) FACTS The B&B FP Inc. corporation was made up of two shareholders with 51 and 49 per cent ownership. The two owners had a falling out; the minority… Read More »Lack of Respect for Corporate Formalities Puts Company on the Hook for Guarantee
Jury Verdicts Are Rare in Massachusetts Civil Cases
Civil lawsuits in Massachusetts almost never get decided by juries. Fewer than 1.4% of all Superior Court Civil cases in 2015 actually ended with jury decisions. In the Superior Court, where jurisdiction depends on a dispute over more than $25,000, almost 20,000 civil (non-criminal) cases were disposed of in 2015 (the last year for which… Read More »Jury Verdicts Are Rare in Massachusetts Civil Cases
Workers who collect worker’s comp payouts lose the right to sue their employer. Any other party who could be legally liable remains open to suit. (If the worker wins the tort case, it must repay worker’s comp for its outlays). Who enjoys this employers’ immunity from suit? The exclusive remedy of Worker’s Comp is exclusive… Read More »Joint Corporations Enjoy Comp Immunity
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