Retaliatory firing deprived worker of commissions that ripened later but legal penalties tripled the entire sum. Massachusetts SJC Parker v EnterNOC, Inc. (2020) FACTS Parker made a base salary and commissions working for EnterNOC marketing energy efficiency services. Parker made a $20M sale to occur over 5 years but only the first year was guaranteed,… Read More »Wages lost as a result of retaliation get tripled
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.
Sauce Maker’s Insurer Pays for Emails Badmouthing Competitor &/Or Its Sauces
Rass and Tulshian developed sauces and sold them to Trader Joes but did nothing to protect their trade secrets. Rass decided to cut Tulshian out and told Trader Joes in an email, that Tulshian’s activities were “illegal” and “unethical”. This all led to an interesting case of insurance bad faith in Massachusetts. Tulshian sued Rass… Read More »Sauce Maker’s Insurer Pays for Emails Badmouthing Competitor &/Or Its Sauces
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