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
Punitive award stripped where retaliation but no actual damages found
What kind of retaliatory conduct in employment supports a $1.1M punitive verdict? Not this kind. KIELY v TERADYNE, INC. 85 Mass App Ct 431 (2014) FACTS Kiely worked for Teradyne for decades and her job duties advanced from equipment repair to administrative work. Kiely and two male co-workers were the last of 31… Read More »Punitive award stripped where retaliation but no actual damages found
Employees and ex-employees are suing under the Massachusetts Wage Act and a recent decision clarifies what all they can collect in such suits. In Wessell V Mink Brook Associates, Inc. the Appeals Court said For wage claims under MGL §148 an employee may recover earned wages that an employer has withheld. For retaliation claims under… Read More »More & More Massachusetts Wage Law Claims
How do you know who gets fees for prevailing in a Massachusetts Wage Act case? Whole case settled except for attorney’s fees Mass SJC - encourage correction of unlawful behavior by rewarding Wage Act attorneys Use the catalyst test for fee requests to see who prevailed. FACTS A Massachusetts Wage Act case Ferman v Sturgis… Read More »Mass Wage Act Fee Rule Stated
Mass Law Applies to NY Independent Contractor Class Action Claims
A Massachusetts Supreme Judicial Court case decided in May, offers a caution to those who hire independent contractors. A Massachusetts-based company hired independent contractors who lived and worked in New York State to act as couriers delivering packages. Three of these contract couriers sued in Massachusetts, for themselves, and in a class action, for all… Read More »Mass Law Applies to NY Independent Contractor Class Action Claims
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