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.
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…]
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…]
Liability Waiver Does Not Protect the YMCA
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…]
Law Firm Featured in Book on Italian Heritage in Worcester County
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…]
High School and Coach May Be Liable In Negligence to Player for Failure to Follow Head Injury Protocols
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…]
