In an important decision for Massachusetts wrongful death claims, a federal appellate court asked the Massachusetts Supreme Court to consider whether wrongful death claims brought by the decedent’s heirs can be bound by an arbitration agreement signed by the decedent or by someone else on the decedent’s behalf.
The Massachusetts Supreme Court recently issued a decision discussing whether a plaintiff could file an asbestos claim beyond the time period set forth in the statute in cases involving diseases with extended latency periods. In this case, the claim was filed after a man died in 2016 of mesothelioma after he was exposed to asbestos when he working on the construction of two nuclear power plants in the 1970s.
In a recent federal appellate case, a man was badly injured while he was operating a machine at work in Lakeville, Massachusetts. Evidently, the man mistakenly hit the foot pedal on the machine, causing the machine to activate, crushing his left hand. The machine was manufactured by Schechtl Maschinenbau, a German company, and was sold to the man’s employer by MetalForming, Inc., an American company. The man sued Schechtl and MetalForming in Massachusetts. Schechtl argued that it could not be sued in Massachusetts because there was no personal jurisdiction.
Some laws can lead to harsh results, but when courts apply these laws they generally do so because of an honestly held belief that they are enforcing the law exactly as it is written. In a recent slip-and-fall case before a Massachusetts appeals court, the court dismissed the claim even though the plaintiff claimed she could not have known who the responsible party was within the allotted time.
Massachusetts personal injury victims can suffer devastating consequences if an insurance company rejects their claims for coverage. In a recent case before the Appeals Court of Massachusetts, the court had to determine whether the plaintiff was considered a “household member” in order to be eligible for coverage.
As a general rule, property owners have a duty to those whom they invite onto their land to ensure that the property is reasonably safe and that visitors are warned of any hazards that are present on the property. While this duty applies to landowners year-round, the majority of Massachusetts slip-and-fall cases occur in the […]
A Massachusetts appeals court recently considered a case in which a trial judge reduced a jury’s damages award from over $32 million to just $20 million. The Facts According to the court’s opinion, a woman was hit and killed by a car that had sped through an intersection and into the front of a store. […]
Each year in Massachusetts there are over 120,000 car accidents. These accidents seriously injure more than 4,000 people and claim upwards of 320 lives per year. Those who have been injured in a Massachusetts car accident may be entitled to monetary compensation for the injuries they have sustained through a personal injury lawsuit against the […]
Plaintiffs are able to recover damages when they are injured due to the negligence of another. However, who is at fault and what is considered negligent are very fact specific inquiries. Your knowledgeable Massachusetts personal injury attorney can help you understand whether you may be eligible to recover damages for your injuries. A case recently […]
Court cases can take a very long time. However, the medical bills, lost wages, and other losses suffered by the victim are still occurring while the victim waits for the trial and subsequent damages. That said, Massachusetts law allows some parties to obtain interest from the date the filed the action until the date of […]
