Union Agreement Covered More than One Employee Even Though Employer Had no Idea Unilateral misunderstanding won’t get you out from contract responsibilities. Don’t complain about… Read More »Mass Construction Case Brings Unanimity to US Supreme Court
Many corporate mergers include a frozen account with part of the sale proceeds held in escrow, so the buyer has a way to take care… Read More »Merger Holdback Payout Flap – Who Can Break Off Frozen Funds?
Massachusetts judges have twice recently considered the liability of a construction equipment renter to a person injured while using the equipment and the cases reach… Read More »Construction Equipment Lessor Gets Out of Injury Suit This Time
This is a report about a conference organized by Massachusetts State officials to provide more health care cost information in the effort to cabin the… Read More »Health Cost Information – Making Consumers Care
Massachusetts rejects all efforts to bring employer into lawsuit by injured employee. Workers comp immunity thwarts indemnity. FRACO PRODUCTS, LTD. v BOSTONIAN MASONRY84 Mass App… Read More »Workers Comp Immunity Thwarts Indemnity
Many construction contracts require subcontractors to secure General Liability “additional insured” status for the construction managers hiring them. With this protection, if the CM or… Read More »Additional Insured Status 2013 Update – Require It Clearly
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
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
Must an insurance company defend the entire case where some claims are covered but some are clearly not covered? General liability insurers must, title insurers… Read More »General Rule Applies to General Liability but Not to Title Insurance
Litigation has been called the sport of kings. In my opinion, it is a bad way to solve problems or to answer questions. A recent… Read More »Litigation nightmare $900,000 subcontract >$1M verdict