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COVID Losses Not Covered By All-Risk Policies
The Massachusetts Supreme Court has ruled that their all-risk property insurance policies did not cover business losses sustained by...

Paul Peter Nicolai
Sep 20, 20221 min read


Workers’ Comp Double Compensation Expanded
An injured employee was awarded double compensation since the employer intentionally failed to take adequate precautions in the face of a...

Paul Peter Nicolai
Sep 6, 20221 min read


FLSA v. State Law
A jury awarded damages to a group of employees under the Fair Labor Standards Act (FLSA) and the Massachusetts Wage Act even though there...

Paul Peter Nicolai
Aug 23, 20221 min read


Manufacturing & Remote Software
The Appellate Tax Board recently ruled that a business qualified as a manufacturer and a corporate excise reduction because it was...

Paul Peter Nicolai
Aug 16, 20221 min read


Limiting Unfair & Deceptive Practices Liability
Where a tenant filed a 93A complaint against the landlord, a limitation of liability provision in a lease did not protect the landlord...

Paul Peter Nicolai
Aug 9, 20221 min read


Investors can recover lost-expectation damages
An investor claimed a company owner lied when he sold him 1% of his company by not disclosing that outstanding options diluted his...

Paul Peter Nicolai
Jul 26, 20221 min read


Cannabis Employee’s Case Presents Novel Issue
A bankruptcy judge has been asked to decide whether an employee of a cannabis business is ineligible for Chapter 13 relief because his...

Paul Peter Nicolai
Jun 28, 20221 min read


Franchisees May Be Employees
The Massachusetts Supreme Court has ruled that the dispute over whether plaintiffs who entered into franchise agreements to operate...

Paul Peter Nicolai
Jun 21, 20221 min read


Deadlock Does Not Mean Dissolution
A 50% shareholder sued to have the corporation dissolved because of irreconcilable differences with the other 50% owner. The court...

Paul Peter Nicolai
May 31, 20221 min read


Contract Liquidated Damages Dumped
A plaintiff sued to enforce a contract that said that if the other side did business with any of its customers in five years, the...

Paul Peter Nicolai
May 24, 20221 min read


Triple Damages For Delayed Wage Payments Required
An employer waited three weeks before paying a terminated employee for accrued vacation time. The lower court found that since the...

Paul Peter Nicolai
May 10, 20221 min read


Terminating Agreement Snuffed Breach of Contract Claim
Delaware courts have decided that the plaintiff extinguished its breach of contract claims when it elected to terminate a merger...

Paul Peter Nicolai
Apr 26, 20221 min read


New Data Regulation
The regulation of data collection and its use marches on. Recent examples include: Illinois Illinois has a new law that took effect on...

Paul Peter Nicolai
Apr 12, 20222 min read


MA SUPREME COURT SAYS FIRING OVER PERSONNEL FILE REBUTTAL IS UNLAWFUL
An at-will employee fired when he filed a rebuttal letter for inclusion in his personnel file after being placed on a performance...

Paul Peter Nicolai
Mar 8, 20221 min read


SECURITIES CLASS ACTION REVIVED
Carbonite launched a data backup product in October 2018. It withdrew the product from the market in July 2019 after it could not remedy...

Paul Peter Nicolai
Mar 1, 20221 min read


Pennsylvania Supreme Court Rejects Business Registration as Consent to Personal Jurisdiction
The Pennsylvania Supreme Court struck down Pennsylvania’s consent-by-registration law. That law said that an out-of-state business...

Paul Peter Nicolai
Feb 22, 20221 min read


Three-year Reservation of Lots May be a Taking
A developer was required to reserve five building lots for potential municipal use for three years as a permit condition. A federal judge...

Paul Peter Nicolai
Feb 15, 20221 min read


MASS ADOPTS FLSA JOINT EMPLOYER TEST
The Massachusetts Supreme Court has decided that a company that entered into a subcontract for regional direct sales services for its...

Paul Peter Nicolai
Dec 28, 20211 min read


MUDDY CONTRACT MEANS YEARS IN COURT
Two parties entered into a contract that had an arbitration clause. About 10 years later they entered into a second contract which did...

Paul Peter Nicolai
Dec 21, 20211 min read


VACCINATION MANDATE PLANNING
Employers continue to grapple with state and federal legislation on COVID-19 vaccinations. The U.S. Court of Appeals for the First...

Paul Peter Nicolai
Dec 7, 20214 min read
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