Mass Most Interested in Claim against Mass lawyer A case involving the recording artist Prince forces Massachusetts Appeals Court to decide if Mass or Minnesota law applies to a legal malpractice claim. Comercia Bank &Trust v Brown & Rosen LLC Mass. App. Ct. (2022) FACTS A sound engineer who worked with the recording artist Prince… Read More »Whose Law Rules Prince Estate Claim?
Vermont Mutual v Poirier SJC (2022) FACTS Sewage got into a homeowner’s basement. Poirier (doing business as Servpro of Fitchburg-Leominster) cleaned it up. Poirier warned the homeowner to stay out of the basement while the disinfectants dried but did not warn her that going in, before the disinfectants dried, could be dangerous to her health.… Read More »93A Attorney’s Fees Not Covered by GL
Commercial landlord intended to coerce tenant to give concessions beyond those from party’s agreement. Massachusetts SJC decides H1 Lincoln Inc. v South Washington Street LLC (2022) Court uses word ‘extort’ 26x in decision. Landlord strung tenant along with permit cooperation and tried to grab the land tenants bought. Limitation on liability disregarded. FACTS Landlord wanted… Read More »Misconduct Commercial Landlord -> 2x Damages
Emotional distress ≠ bodily injury. Mass auto choice of law.
Emotional distress of spouse from witnessing spouses’ fatal injury was not “bodily injury” for purposes of collecting from Massachusetts car insurer. Mass Appeals Court case Liberty Mutual Insurance v Correia (Mass App Ct 2022) Per person limits in car accident coverage selection pages for Massachusetts automobile insurance covering Massachusetts owners/drivers limits purely emotional distress claim.… Read More »Emotional distress ≠ bodily injury. Mass auto choice of law.
Makers of non-defective components are not liable for damages caused when the part is added to a bigger assembly which does cause damage. Massachusetts SJC case Nemirovsky v Daikin North America LLC (2021) supports component parts doctrine. HVAC system = integrated product. AC fan coils delivered per specs of system designer corroded prematurely. Coil maker… Read More »HVAC Fail not Due to Maker of Coil
Homeowners doesn’t cover defense of home condition warranty. Norfolk & Dedham v Norton Ma App Ct (2021) FACTS The homeowners made statements in the seller’s disclosure while they owned the place; then they sold the house. Flooding from severe storms hit a house two years after it had been sold. The buyers sued years later… Read More »Homeowners Ins No Seller Warranty Defense
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
Contractor hired by city has to protect it on suits from cops on hair sample drug testing NO SPECIAL FORM OF NOTICE FOR DUTY TO DEFEND When a contract includes indemnity and an agreement to defend, no special kind of notice is required before the duty to defend is triggered. The burden of notice is… Read More »Agreement with Duty to Defend Enforced
Employee allowed to sue employer for inflicting emotional distress intentionally
No impunity for bullying totally unconnected to the employer’s interest A Latina legal assistant worked at the law offices of a male solo practitioner. The employer created an almost unbelievably hostile and disgusting workplace environment. She sued claiming intentional infliction of emotional distress, sexual harassment by hostile work environment and constructive discharge. The jury award… Read More »Employee allowed to sue employer for inflicting emotional distress intentionally
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