The Massachusetts Appeals Court recently upheld a Superior Court ruling that a high school hockey player, who caused injury from a deliberate, “tremendous” body check, still did not act recklessly and therefore was not liable for the injuries he caused.
D’Agostino, Altomare Have Work Anniversaries
FA&E celebrated Lori D’Agostino’s 40th anniversary at the firm, at a dinner at Willy’s Steakhouse in Shrewsbury on November 13, 2019. Lori has been working at the firm since high school. She is a long-time residential real estate paralegal.
[Read more…]Statutory Notice of Claim of Injury Need Not Be Sent to Non-governmental Actor
The Supreme Judicial Court, Massachusetts’ highest court, recently ruled that an injured party did not have to send the thirty-day statutory notice of a road defect to a private company responsible for maintaining a utility hole, utility cover and the surrounding asphalt.
[Read more…]Client List Compiled from Financial Advisor’s Memory Can Be Considered Confidential Information for Purposes of a Non-Solicitation Agreement
A Superior Court judge recently ruled that a client list that had been put together by a financial advisor immediately after leaving his former firm could be considered the former firm’s confidential information even if compiled from memory. [Read more…]
Homeowner’s Liability to Neighbor for Damage from Overhanging Tree
A common issue facing homeowners is their or their neighbor’s responsibility for overhanging trees and branches. The state’s Supreme Judicial Court recently decided that a homeowner was not responsible for damage caused to a neighbor’s house from a healthy overhanging tree. [Read more…]
University Has No Duty Under the Circumstances to Take Steps to Prevent Graduate Student’s Suicide
Massachusetts’ highest appellate court ruled recently that in certain circumstances a special relationship, and a corresponding duty to take reasonable measures to prevent suicide, may be created between a university and a student. [Read more…]
City and School Not Liable for Injury to Student Caused by Bullying
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…]
John Altomare Travels to Guatemala, Haiti to Assist the Needy
FA&E partner John Altomare, current Chair of the Seven Hills Foundation Board of Directors, does not just give lip service to the Seven Hills Global Outreach (SHGO). He recently traveled to Guatemala and, on a separate trip, to Haiti with other volunteers to assist those in need. [Read more…]
Employer Liability for Commissions Under the Massachusetts Wage Act
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…]
FAE Partner John Altomare Named Trustee at Bay State Savings Bank
Fusaro, Altomare & Ermilio (FAE) Partner, John N. Altomare has been named Director at Bay State Savings Bank. Bay State Savings Bank is a savings bank headquartered in downtown Worcester, Massachusetts. [Read more…]
