Unfortunately, the Massachusetts appellate courts have not directly decided the issue whether an employer can re-characterize an employee’s termination from “without cause” to “for cause” based on information learned after an employee’s termination. While the Massachusetts courts have had the opportunity to consider the issue, they have neither adopted nor rejected the doctrine.
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by Adam J. Shafran On April 29, 2015, the U.S. Supreme Court approved and submitted to Congress proposed amendments to the Federal Rules of Civil Procedure (“FRCP”). The FRCP are the procedural rules which govern every civil lawsuit brought in any federal court in the United States. These amendments, which took effect on December 1, […]
In a case of first impression, the Housing Court for the City of Boston ruled that neighbors who appealed the issuance of a variance by the Zoning Board of Appeal (ZBA) must post a $20,000 bond or the case will be dismissed.
by Robert P. Rudolph The attorney-client privilege is a well-established concept that protects certain communications between a client and his/her attorney, preventing the attorney from being compelled to disclose those communications or testify about them in court. The attorney-client privilege solidifies the trust which is the hallmark of the attorney-client relationship. However, a client can […]
The motto, “The customer is always right,” was popularized by innovators in the retail industry in the early 20th Century. However, the slogan is rarely used in the construction industry — and for good reason. The customer’s desires and expectations when it comes to building or renovating their home are often unrealistic or untenable. It […]
by Adam J. Shafran On April 29, 2015, the U.S. Supreme Court approved and submitted to Congress proposed amendments to the Federal Rules of Civil Procedure (“FRCP”). The FRCP are the procedural rules which govern every civil lawsuit brought in any federal court in the United States. These amendments, which took effect on December 1, […]
by James L. Rudolph, Esq. and Robert P. Rudolph, Esq. In a first of its kind ruling by a Massachusetts Superior Court judge providing guidance on the applicability of the integrated enterprise and joint employer theories to Massachusetts Wage Act claims, the Honorable Bruce R. Henry has held that restaurant managers who worked for the […]
by James L. Rudolph Owners and general contractors generally want construction site sub-contractors to bear more than their pro rata share of the legal and financial burdens arising from any personal injury or property damage associated with a construction project. This is accomplished through the use of so-called “indemnification” clauses, “hold harmless” provisions, and “additional […]
Jim Rudolph, managing partner of Rudolph Friedmann, LLP, was quoted in “Shareholder challenge to EMC sale blocked” in the January 20 issue of Massachusetts Lawyers Weekly. The article discusses IBEW Local No. 129 Benefit Fund v. Tucci, et al, a case of first impression in the Massachusetts Superior Court, which found that shareholders of EMC […]
General contractors are responsible for ensuring that a construction site is generally safe for those working there. This is a daunting and stressful task which often puts the general contractor directly in the cross-hairs of any litigation initiated by someone who is injured on site.
