Corporate Agent Wrongdoing – How Far Up the Chain Does Responsibility for Intentional Acts Climb?
Only the wrongful actions of agents at senior levels of corporations will be imputed to the corporation for purposes of the rule that any recovery by wrongdoers is blocked. Merrimack College v KPMG Massachusetts SJC (2018) FACTS A bookkeeper in the accounting office of a college made fraudulent entries putting debt onto students improperly. An… Read More »Corporate Agent Wrongdoing – How Far Up the Chain Does Responsibility for Intentional Acts Climb?
Construction Equipment Lessor Gets Out of Injury Suit This Time
Massachusetts judges have twice recently considered the liability of a construction equipment renter to a person injured while using the equipment and the cases reach different results. The most recent case let the lessor out directly. As reported here the lessor of a construction lift had to share liability for its users’ actions in a… Read More »Construction Equipment Lessor Gets Out of Injury Suit This Time
Condo developer not shielded from suit by hurdles written into bylaws
Condo developers in Cambridge tried to cut back the big risk of lawsuits coming back against them from the Condominium Unit Owner’s Association by putting into the Condo docs hurdles for bringing suit. In the case Trustees of the Cambridge Point Condominium Trust v Cambridge Point LLC (SJC 2018), the bylaws of a 42 unit… Read More »Condo developer not shielded from suit by hurdles written into bylaws
Developers' risks in Massachusetts now include suits from the Condominium Association over negligent construction or design of common areas. Bewildering "economic loss rule" not applied. Massachusetts Supreme Judicial Court just decided Wyman v Ayer Properties LLC 469 Mass 64 (2014) deciding that Condominium associations can sue builders who construct common areas negligently. My write up… Read More »Condo Assn Recovers from Negligent Developer
Commercial Landlord Early Termination Damages – Write it In
Massachusetts' top Court just decided a case that commercial landlords will not want to miss. If your lease doesn't call out how to measure damages after a tenant defaults, you may have to wait until the end of the original lease term to recover. 275 Washington Street Corp. v Hudson River International 465 Mass 16… Read More »Commercial Landlord Early Termination Damages – Write it In
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