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
Interesting Questions Deflected by Local Court to be Decided by Forum Identified in Agreement
PARTIES AND FACTS Wegmans grocery store was constructing a store in Burlington Massachusetts. It hired two companies to work on the project. Aerotek contracted with Wegmans that Aerotek would supply employees to provide construction supervision. Story was such an employee, hired to serve as construction foreman. As part of that agreement, Aerotek agreed to add… Read More »Interesting Questions Deflected by Local Court to be Decided by Forum Identified in Agreement
INSURER OWES NO ATTORNEY’S FEES ON VERDICT ON UNCOVERED CLAIMS
Homeowner/ Contractor Insurer dispute goes 15 years. Styller v National Fire & Marine Insurance Company Mass App Ct 2019 PARTIES – Homeowner Styller hired contractor FCMNH in 2004 for demo and repair of his home. FCMNH was insured under a general liability policy by National Fire & Marine. CLAIMS FROM THE WORK Unhappy with the… Read More »INSURER OWES NO ATTORNEY’S FEES ON VERDICT ON UNCOVERED CLAIMS
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