Massachusetts Property Damage Claim v Insurer – Not Subject to Discovery Rule
Frozen pipe property damage claim against insurer governed by statute of limitations - discovery rule doesn’t apply FACTS Building owner learned during a cold December that pipes froze and leaked water through the house. The insurer investigated for over one year and didn’t pay. The owner sued – more than two years after the loss… Read More »Massachusetts Property Damage Claim v Insurer – Not Subject to Discovery Rule
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
Mass DOT Sect Richard Davey addressed the Massachusetts Building Congress on February 21, 2014 and emphasized the fact that projects need to be paid for. Gas tax is a principal funder of road projects and with more efficient vehicles the revenue from the gas tax has not risen with other costs. The Federal Highway Trust… Read More »Mass DOT – Not Building Any New Highways
Mass Court Picks Pot Case to Remind Employers That Discussions of Accommodation Are Needed
A medical marijuana case set the table for Massachusetts’ Supreme Judicial Court to remind employers that there needs to be discussion of accommodation whenever a worker claims to have a debilitating medical condition. The worker in Barbuto v Advantage Sales and Marketing LLC had a prescription from a doctor to treat Chron’s disease with medical… Read More »Mass Court Picks Pot Case to Remind Employers That Discussions of Accommodation Are Needed
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