July 01, 2011

Allocating Insurance Coverage Between Covered And Uncovered Claims

Lawsuits often involve legal claims that are or may be covered under the terms of an insurance policy and claims that are clearly not covered or which might ultimately be determined to fall outside the scope of coverage.
June 01, 2011

Mode of Operation Approach in Massachusetts

In 2007, the Massachusetts Supreme Judicial Court made it easier for plaintiffs to prove slip-and-fall claims against supermarkets by adopting the "mode of operation" approach.
May 01, 2011

Lease Liability of Commercial Landlords

Recent decisions from the Supreme Judicial Court illustrate the importance of lease provisions and notices on the liability of commercial landlords.
April 01, 2011

Daubert and the "Weight of Evidence Approach"

In its recently issued decision in Milward v. Acuity Specialty Products Group, Inc., 2011 WL 982385 (1st Cir. 2011), the First Circuit Court of Appeals appears to have constrained the judicial gate-keeping role in determining the admissibility of expert opinions to some degree.
March 01, 2011

Loss of the "Natural Accumulation Defense" for Snow and Ice

In Papadopoulos v. Target Corporation, 457 Mass. 368 (2010), the Massachusetts Supreme Judicial Court overruled 125 years of legal precedent