J.M. HOLLISTER LLC v ARCHITECTURAL ACCESS BOARD 83 Ma App Ct 513 (2013) FACTS Hollister sold clothes from a store in a mall. The retailer… Read More »Court Flattens Hollister Porch by Upholding Arch Access Board Ruling
Massachusetts Supreme Judicial Court now recognizes claims for “associational discrimination” against employers who provide family health insurance and who fire healthy employees with very sick… Read More »Healthy Spouses of Sick Spouses – Mass Bans Emlployers’ Discrimination
Mechanical and structural engineers were among the first to use BIM. CM’s saw this and “rushed to claim they had the same capabilities”. Who leads,… Read More »Coordination – a New, Needed Role
In a characteristically astringent opinion Massachusetts Appeals Court Judge Brown called out excessive legal expenses as wasteful. Here, again we witness another puzzling situation in… Read More »Appeals Court Judge Lights into Disproportionate Legal Costs
Employees (characterized as independent contractors or not) seem to be enjoying support in the Massachusetts Courts. Sometimes Court rulings reveal trends in social concerns, particularly… Read More »Wage Claims Proliferating?
How should indemnity obligations be allocated when a liable insured company has had a series of different insurers offering coverage over the years? Deciding that… Read More »Allocating Costs When Lots of Policies Are Triggered
A recent Vermont case found a Condominium Association in Stow trying to sue a builder for water infiltration and expenses for repair and remediation of… Read More »Vermont Condo Association Can Sue Developer but not Builder
In two recent cases the Massachusetts Appeals Court cautioned trial judges against granting summary judgment in construction cases. Parties who argued they should be set… Read More »Appeals Court to Massachusetts Trial Judges – don’t let Parties get out of construction industry lawuits