On June 21, 2023, the Massachusetts Supreme Judicial Court issued its decision in Adams v. Schneider Electric USA, Inc., addressing the so-called “Cat’s Paw” theory of liability. In reversing summary judgment originally granted in favor of the employer Schneider Electric, the SJC concluded that an employer can still violate the Massachusetts anti-discrimination statute, G.L. c. […]
Blog
In today’s hard economic environment, it is often hard for borrowers to obtain conventional loans from a lender. As a result, it is often necessary for borrowers to turn to less conventional lenders, sometimes referred to as hard-money lenders. The non-traditional lenders often times charge interest rates much higher than that of a traditional lender […]
Massachusetts Lawyers Weekly featured Bobby Rudolph in its August 14, 2023, issue in “Land Court judge rescues sale of property from improperly filed lis pendens.” The article highlights a case Bobby recently handled, Sharari v. Laura Road Holdings, which involved the sale of a residential property at 20 Laura Road in Newton, MA. The plaintiff […]
Massachusetts General Law Chapters 93A and 176D, long a compelling and formidable mechanism for consumers, has been extended beyond its usual confines to become a further source of consternation in the insurance industry. The Consumer Protection Act and the Unfair Methods of Competition and Unfair and Deceptive Acts and Practices in the Business of Insurance […]
Jim Rudolph, the firm’s managing partner and a construction litigator, was quoted in “Building contractor’s suit against insurer revived” in Massachusetts Lawyers Weekly on April 13. The article discusses the Appeals Court’s decision in John Moriarty & Associates, Inc. v. Zurich American Insurance Co., where the court ruled the general contractor for a Boston construction […]
When it comes to home improvement, homeowners and contractors must have mutual trust and confidence. Homeowners deserve quality finished work, and contractors deserve prompt and fair payment. A written contract is one of the ways in which the parties can ensure a fair bargain and hold each other accountable. This article suggests a number of […]
The “at-will” employment relationship is extremely common, offering both the employer and the employee the ability to terminate the relationship on short notice and with no conditions. Despite the flexibility this arrangement offers, there are exceptions to the rule. For example, an employee cannot be fired for reasons that violate public policy (such as discrimination). […]
After a summary process trial before him (without a jury), a Superior Court judge recently held that a commercial landlord could not evict a tenant despite proving the tenant had repeatedly breached provisions in the lease because the breaches were not material. While the facts in making this decision were unique and specific to this […]
A recent Massachusetts Land Court case examined the validity of a “two-tier” condominium project. This two-tier condominium approach is also referred to as a condominium within a condominium. A two-tier condominium is a condominium comprised of a primary condominium (the “Primary Condominium”), pursuant to which a landowner then creates one or more condominiums within and […]
In Massachusetts, it is not unusual for public construction contracts to include Project Labor Agreement (“PLA”) provisions that mandate a successful bidder only hire union laborers and subcontractors. The purpose behind this is that union labor, though more expensive because of prevailing wage regulations, will agree not to strike or engage in work stoppages, thus […]
