Posts
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
Does a Corporation or LLC Need a Lawyer in Massachusetts’ Courts?
Corporations and LLC’s are considered to be legal individuals, and while people can go to court without a lawyer and represent themselves (pro se), the Massachusetts Courts prohibit corporations from acting on their own without a lawyer to: File or Answer a complaint or any kind of court pleading or to make any kind of… Read More »Does a Corporation or LLC Need a Lawyer in Massachusetts’ Courts?
Risks for Growing Middle Sized Companies
Review of No Man’s Land – A Survival Guide for Growing Midsize Companies by Doug Tatum Portfolio Books 2008 This book is aimed at companies with more than 20 but fewer than 200 employees. I picked it up in the offices of the Association for Corporate Growth. Growing midsize companies are at a pivotal,… Read More »Risks for Growing Middle Sized Companies
Attorney’s Fees Shifted by Value of Grader Services Recovery
If you sue on bond to get money due on a public works job in Massachusetts and win anything after a trial, you also get attorney's fees the Appeals Court ruled. The case Aggregate Industries v Hugo Key is found here. The asphalt subcontractor on a public job wanted the agreement to include fees for… Read More »Attorney’s Fees Shifted by Value of Grader Services Recovery
Law constricts DPU power to order fatter gas pipe pacts by electric distributors, Court rules
Builders won’t build new natural gas pipes to New England unless they have “long term contracts”. Electric generators use gas intermittently – on the coldest days – when it is very expensive. For electric generators to sign those long term contracts, rate payers would be on the hook. The Department of Public Utilities issued an… Read More »Law constricts DPU power to order fatter gas pipe pacts by electric distributors, Court rules
Anti-windfall rule allows reclaiming mistakenly sent, wrongly retained, money
Suffolk Construction was allowed to press its claims to get back some of the money kept by a bank whose borrower, a Suffolk subcontractor, went out of business. In the second case by Massachusetts’ top court over the same facts, Suffolk a large construction manager, made claims against money held by a bank – beyond… Read More »Anti-windfall rule allows reclaiming mistakenly sent, wrongly retained, money
No notice needed under risky mode of business theory
Self-service modes of business can create risks not present with over-the-counter sales. In a recent Massachusetts case Bowers v Wile's the top Court found that a path, made up of ‘river stones’ with goods for sale displayed on it, sited right next to the walkway to the store, created an ongoing risk that someone would… Read More »No notice needed under risky mode of business theory
State Energy Innovations Liable to get Zapped by FERC Preemption
State energy regulators have to design their rules respecting the chance that Federal preemption will vaporize their viability. Some States want energy rules to push their policy choices, on things like global warming and renewables. But State rules on energy can’t cross in to the areas regulated exclusively by the Federal Government. A recent unanimous… Read More »State Energy Innovations Liable to get Zapped by FERC Preemption
Emailed Settlement Agreement Enforced Despite No Time to Pay Term
Parties resist settlement agreements and often regret making them. FACTS Parties in a recent Massachusetts case agreed on a settlement number but the agreement was silent on when the payments were to be made. The party making payments wanted to stretch out payments over time. The receiving party wanted its money right away. ISSUE The… Read More »Emailed Settlement Agreement Enforced Despite No Time to Pay Term
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Charles W. Cobb
Attorney at Law
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Newton MA 02460
ccobb@silverlakelegal.com
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