In a recent case, the highest court in Massachusetts (Supreme Judicial Court) addressed the issue of a public school’s liability for negligently permitting bullying to occur, which resulted in a fourth-grade student becoming paralyzed after being pushed down a flight of stairs. [Read more…]
A District Court Judge for the United States District Court in Massachusetts has recently held that an employer is liable to pay commissions to a former employee even though the employer’s commission policy provided that commissions were not due to an employee who resigned. [Read more…]
In a recent decision, a Massachusetts Superior Court ruled that a liability waiver, a release of all claims signed before the plaintiff’s decedent participated in a particular program, did not protect the YMCA from a wrongful death claim. [Read more…]
The law firm of Fusaro, Altomare & Ermilio was recently featured in a book written by Vincent A. Lapomarda, S.J., S.T.L, Ph.D., an associate professor of history at the College of the Holy Cross in Worcester. Professor Lapomarda’s book is entitled, “The Italians in Worcester County, Massachusetts.” [Read more…]
A Massachusetts Superior Court judge recently ruled that a high school field hockey coach and the school may be liable in negligence for injuries caused by the coach’s failure to have his own player evaluated after an initial head injury and failure to report the nature of her injury afterward to parents, medical professionals or other school officials. [Read more…]
We all get involved in various types of conflicts and disputes throughout our business day. They can arise in all sorts of ways, including a dispute with a co-worker or an employee, a dispute with a vendor or supplier, a conflict with a competitor, a complaint or demand from a consumer of your product or service. [Read more…]
There is a stand of trees on the boundary line of your property. You know they are actually located on your neighbor’s side of the boundary. But, they are really growing high. They block light on your land and they seem a bit top-heavy. You would love to trim them back or top them off to reduce the shadow in your yard. [Read more…]
A Massachusetts Superior Court judge ruled recently that a software executive, who received a cease-and-desist letter from his former employer, could not sue the employer for tortious interference with contract because the communication was protected by what is known as the absolute litigation privilege.
Oh no! I can’t believe that car hit me!
You’ve just been in a pretty bad car accident. OK… deep breath…. It’s unfortunate, but it happened. Now what do you do? If you are still at the scene: [Read more…]
You’re Bound By that Email! A Massachusetts Superior Court has found that a party’s acceptance by email of another party’s offer resulted in a binding contract. The decision was in the context of enforcement of a mechanic’s lien. The Massachusetts statutory procedure for enforcement of a mechanic’s lien requires a “written contract.” [Read more…]