Posts
Owner Warrants Some Design Adequacy to CM At Risk
Massachusetts top Court issued a much awaited decision Coughlin Electric v Gilbane Building Co ruling on construction contracting methods and the scope of duty between Owners/ Designers and Construction Managers under the relatively new Construction Manager at Risk arrangement. New contracting methods involve the builder sooner, during the design process. The Court had to allocate… Read More »Owner Warrants Some Design Adequacy to CM At Risk
Cubicle Denizen’s OT Claim for Working Through Lunch OK’ed by Judges
Payroll is getting treacherous to administer. In another in the line of worker-friendly payroll decisions, a recent Massachusetts Appeals Court case Vitali v Reit Management & Research LLC decided an employee’s claim for OT for working through lunch, should survive - summary dismissal reversed. The employer had a policy requiring pre-authorization of overtime and encouraging… Read More »Cubicle Denizen’s OT Claim for Working Through Lunch OK’ed by Judges
Court Delivers Domino’s From Lawsuit – Franchisor Not Liable to Attacked Deliveryman
National franchise chains work with local owners under agreements that impose brand requirements. Massachusetts Appeals Court decided in Lind v Domino’s Pizza LLC the Domino’s Pizza franchisor had no possible liability in a case brought for a delivery driver who was murdered delivering pies in the middle of the night. There is a general… Read More »Court Delivers Domino’s From Lawsuit – Franchisor Not Liable to Attacked Deliveryman
More & More Massachusetts Wage Law Claims
Employees and ex-employees are suing under the Massachusetts Wage Act and a recent decision clarifies what all they can collect in such suits. In Wessell V Mink Brook Associates, Inc. the Appeals Court said For wage claims under MGL §148 an employee may recover earned wages that an employer has withheld. For retaliation claims under… Read More »More & More Massachusetts Wage Law Claims
Criminalizing Political Speech is Unconstitutional
A candidate for State Representative in Massachusetts swore out a criminal complaint against the leaders of a Political Action Committee who, just before an election, published brochures saying this about the Representative’s work as a criminal defense lawyer – he “chose convicted felons over the safety of our families” and he “is putting criminals and… Read More »Criminalizing Political Speech is Unconstitutional
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.
Dim Hope of Arbitration Award Review – Excess of Authority = Lone Basis
A recent Massachusetts case confirms, again, that Court review of arbitration awards is begrudging and very limited. Below is a brief of CONWAY v CLC BIO LLC 87 Mass App Ct 503 (2013) FACTS Employee disputed the amount of severance payments and claimed the company violated Massachusetts Wage Act . The employment agreement was subject… Read More »Dim Hope of Arbitration Award Review – Excess of Authority = Lone Basis
Project Counsel Governed by 3rd Party Neutral Rules?
Massachusetts updated its rules for lawyers in March 2014. How would such rules govern Project Counsel on an IPD project engaged to meld the parties without representing any one of them? I expect the "3rd Party Neutral" rules would, well... rule. A lawyer in that role, would "assist 2 or more persons who are not… Read More »Project Counsel Governed by 3rd Party Neutral Rules?
Designers on Hook Where Cover Excluded Required Element
When the contract mandates specific coverage, be sure you have it. Designers were found to have breached their contract to procure insurance naming an Ohio hospital as additional insured on the designer’s General Liability coverage. The insurance required under contract was to provide coverage for bodily injury “caused by a biological agent or bacteria”. In… Read More »Designers on Hook Where Cover Excluded Required Element
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