Forum Selection Clause Dooms Subcontractor Suit
5/28/21
By: Ben Dunlap
The First Circuit Court of Appeals recently affirmed the dismissal of a subcontractor’s suit against a construction contractor, holding that the trial court correctly enforced the terms of the parties’ agreement as to where a lawsuit could …
Contracting by Design: Understanding the Spearin Doctrine’s Effects on Express and Implied Warranties in Construction Projects
5/27/21
By: Ryan Mayo
Owners, contractors, and subcontractors should be aware of the importance of detailing warranties in construction contract clauses. Failure to clearly state such warranties could result in a party’s liability for violation of implied warranties should litigation occur.…
Should I Stay or Should I Go?
5/27/21
By: Richard Smith
If I go there may be trouble, but if I stay it will be double…
These lyrics from the 80’s song by The Clash does a fairly nice job describing the dilemma that an insurance defense lawyer …
Trademark Battle Questions Meaning of “Beer”
5/27/21
By: Ben Dunlap
What is the difference between beer and bubbly water? This is not a riddle. The distinction features prominently in a trademark suit between Anheuser-Busch InBev and Constellation Brands pending in the Southern District of New York.
The …
Massachusetts SJC Expands Rights of Property Owners in Eminent Domain Cases
5/26/21
By: Marc Finkel
In a landmark ruling involving the rights of property owners under the Massachusetts “quick take” eminent domain statute (M.G.L. c. 79), the Supreme Judicial Court (“SJC”) recently determined that the “quick take” statute allows for a property …
“No Poach Approach”? Hostility Toward No-Hiring Provisions Continues To Grow
5/26/21
By: Justin Boron
Businesses should be wary of entering anti-poaching provisions with their competitors.
If there wasn’t enough evidence that these provisions create legal risk, a Pennsylvania Supreme Court decision at the end of April should finally pique the concern …
Supreme Court of Georgia Rewards Bad Behavior While Increasing The Exposure To Insurers for Failing to Settle Within Policy Limits
5/24/21
By: Phil Savrin
The Supreme Court of Georgia has dealt a severe blow to an insurance company’s ability to require advance notice of a lawsuit against its insured before being exposed to extra-contractual liability for the full amount of the …
Executive Order on Improving the Nation’s Cybersecurity issued following Colonial Pipeline Ransomware Attack
5/21/21
By: Caitlin Tubbesing
On the heels of the May 7th ransomware attack on Colonial Pipeline—resulting in a temporary shutdown of its 5,5000 mile pipeline system carrying 45% of the East Coast’s fuel supply— President Biden issued an Executive Order…
Don’t Tell Me Where to Live! – New Jersey Public Employee Residency Requirements Deemed Unconstitutional
5/19/21
By: Stephanie Greenfield
A recent decision from the Superior Court of New Jersey held that the New Jersey First Act (“Act”) and its residency requirements are unconstitutional in their present form.
The Act, signed by Gov. Chris Christie in 2011, …
Massachusetts Appeals Court Holds Massachusetts Commission Against Discrimination Failed to Put Employer on Notice of Claims Tried in Public Hearing
5/18/21
By: Victoria Fuller and Matthew Schwartz
In 15 LaGrange Street Corporation v. MCAD, Civ. A. No. 20-P-726, the Massachusetts Appeals Court partially vacated a judgment entered by the Massachusetts Commission Against Discrimination (the “Commission”) against an employer to the …
Massachusetts Federal Court Rules that Heightened Pleading Requirements Apply in Product Liability Design Defect Cases
5/17/21
By: Kevin Kenneally and William Gildea
The United States District Court, District of Massachusetts (Hillman, J.), recently held that Plaintiffs must affirmatively plead and prove that there is a safer alternative product design in order to maintain defect claims against …
Superior Court Erodes Pennsylvania’s Fair Share Act
5/17/21
By: Erin Lamb
In 2011, Pennsylvania enacted the “Fair Share Act,” Senate Bill 1131. The bill substantially limited the applicability of joint and several liability in civil cases. There is no question that it was the goal of the legislature …