LIEN NOT REDUCED BY PERIODS OF RENTAL EQUIPMENT NON-USE
Mechanics Lien Law Interpreted in Massachusetts
claims and disputes
Malpractice Cases Need Proof From Experts
Need better proof to argue against lawyer that $6M is not enough
Did PO say Vendor would Defend claims that buyer was negligent?
Gorelick v Star Markets Company Inc. Mass Appeals Court 2023 FACTS Supermarket (Shaws, a part of Star Markets) bought automatic doors from the manufacturer and… Read More »Did PO say Vendor would Defend claims that buyer was negligent?
93A Attorney’s Fees Not Covered by GL
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… Read More »93A Attorney’s Fees Not Covered by GL
Misconduct Commercial Landlord -> 2x Damages
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… 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… Read More »Emotional distress ≠ bodily injury. Mass auto choice of law.
HVAC Fail not Due to Maker of Coil
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… Read More »HVAC Fail not Due to Maker of Coil
Homeowners Ins No Seller Warranty Defense
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… Read More »Homeowners Ins No Seller Warranty Defense
Joint Corporations Enjoy Comp Immunity
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.… Read More »Joint Corporations Enjoy Comp Immunity
Construction insurance – expensive because it is incomprehensible
Additional insured status useless due to anti-indemnity laws MAXIM CRANE WORKS, LP v. ZURICH AMERICAN INSURANCE COMPANY, Dist. Court, SD Texas 2019 FACTS Crane lessor… Read More »Construction insurance – expensive because it is incomprehensible