The Supreme Judicial Court (SJC) is slated to hear oral argument in G4S Technology LLC v. Mass. Technology Park Corp. on Monday, March 5, 2017 – a case with significant implications for construction litigation.
The dispute arises out of a $45 million public works project to build a 1200-mile fiber optic network bringing high speed
In a Rule 1:28 decision applying New Hampshire law, the Appeals Court affirmed the entry of summary judgment dismissing a doctor’s suit accusing her professional liability insurer of improper settlement of a claim without her consent. Johnson v. Proselect Ins. Co., 17-P-109.
The underlying trial had resulted in a $5 million judgment against
We have written previously on this blog about the importance of a timely notice of appeal in the Massachusetts Appeals Court. The issue bears revisiting in the federal courts following the decision by the United States Supreme Court in Hamer v. Neighborhood Hous. Servs. Of Chicago, No. 16-659 (November 8, 2017).
Justice
The scope of an insurer’s right to control the defense of an insured is an underdeveloped issue in Massachusetts case law, which the Appeals Court recently addressed in OneBeacon America Ins. Co. v. Celanese Corp., No. 16-P-203 (Oct. 16, 2017). The decision helps clarify the rights of an insurer when it has offered
Appellate lawyers are constantly asked (and asking themselves) some variant of the same question: “How long until we get a decision?” The reality is that it’s hard to know. Nevertheless, most will, after being pressed, venture a guess based on their informed experience.
To supplement our informed experience, we conducted an analysis of twenty-one recent
Addressing an issue of first impression, the Supreme Judicial Court (SJC) announced last week that an insurer’s liability for multiple damages under Chapter 93A for unfair claim settlement practices committed in violation of Chapter 176D does not include the post-judgment interest accrued on an underlying judgment. Anderson v. National Union Fire Ins. Co. of Pittsburgh
In a recent, precedent-setting opinion, the First Circuit Court of Appeals addressed several significant issues involving liability insurance coverage. Sanders v. Phoenix Ins. Co., 843 F.3d 37 (1st Cir. 2016).[1]
As characterized by Judge Selya, the facts of the case begin with “a tragic tale of unrequited love and morph into a series
Addressing an issue of first impression, the Appeals Court recently held that an employer who fails to maintain a workers’ compensation policy in violation of the Massachusetts Workers’ Compensation Act, G.L. c. 152, et seq., is automatically debarred from bidding or participating in any state or municipal funded contract for three years. New England
In Part I of our interview with former Supreme Judicial Court Associate Justice Charles Fried, he offered advice to Massachusetts appellate lawyers on brief writing and preparing for oral argument. As promised, in Part II, Fried shares some examples of appellate advocacy drawn from his own practice.
Duane Reade Inc. v. St. Paul Fire and
Charles Fried is, by any measure, a pre-eminent legal scholar and American jurist. He served as an Associate Justice of the Massachusetts Supreme Judicial Court from 1995-1999. Prior to that, he was Solicitor General of the United States from 1985-1989. He has argued numerous major cases in state and federal appellate courts, including Daubert v.