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- Robert W. Norton
In recent years the media has reported widely on the subject of excessive
jury awards and the need for reforms to shield industry from frivolous
lawsuits and “runaway juries.” Occasionally, the media sensationalizes
a case in order to portray it as a model for what is wrong with the
system. The facts behind these headlines, however, often paint a much
different story than the media angle. Perhaps the most widely known
event of this kind is the $2.9 Million verdict against McDonalds for
serving hot coffee that injured a customer. Predictably, newspapers
wrote headlines designed to inflame the public, such as “Hot cup of
coffee costs $2.9 million,” or “Coffee Spill Burns Woman; Jury Awards
$2.9 Million.” The truth behind the story, however, elicits a very
different reaction. Download
full PDF article |
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- John J. McGlone III
We are all familiar with the nasty divorce; a co-worker, friend, relative
or neighbor is suddenly consumed with a life altering event that more
closely resembles warfare than a legal proceeding. Typically, emotional
issues drive the parties to divorce. These complicated emotional conflicts
then find their release on the mundane battlegrounds of property division,
alimony, and debt allocation. Parties often seek to heal marital wounds
by “making my spouse pay” and the nasty divorce is born.
Under these conditions, when a client’s judgment is clouded
by bitterness, anger or spite, it is difficult to achieve financial
fairness and equity, which are, after all, the goals of the process.
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- Roy Giarrusso
Have you attempted to sell or refinance your property only to discover
that it is contaminated? You’re not alone. Every year hundreds
of commercial and residential property owners in Massachusetts learn
for the first time that their property has been contaminated.
There are many sources of contamination, including dry cleaning solutions,
industrial
chemicals, gasoline additives, and pesticides. If you own or live
near property where these
materials have been used, your property may be contaminated, resulting
in damage to the
property. If you have a private well on your property, the migration
of off-site contamination
onto your property poses a serious threat to the health of your family
and the future
use of your property. Download
full PDF article |
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- Edward C. Cooley
Alternative Dispute Resolution (ADR) is a term that refers to ways
of resolving disputes without litigation. ADR has become more prevalent
in recent years as the cost of litigation has risen and the delays
in resolving disputes through our overburdened judicial system have
lengthened. The two most widely recognized forms of ADR are arbitration
and mediation. Although many people believe that these two terms are
synonymous, they are in fact two substantially diff e rent mechanisms
for resolving disputes. In this article I will
explain the fundamental aspects of arbitration and mediation and provide
consumers and businesses with a working understanding of the ADR process.
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- Edward C. Cooley
The term “premises liability” covers a broad spectrum
of events that gives rise to landowner liability for injury to others
on either residential or commercial property. A study in the October
2002 issue of Security Management found that between 1992 and 2001,
Massachusetts was among ten states reporting the highest instances
of commercial premises liability cases. Of course, a property owner
or business is not responsible simply because someone has been injured
while on the owner's premises. Generally, a property
owner is only responsible for injuries that arise from the owner's
negligence. This negligence
usually involves the creation or maintenance of an unsafe or dangerous
condition that leads to an injury. Download
full PDF article |
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- Robert W. Norton
We love our homes, which is why we seldom consider the potential dangers
to our families and guests that exist within those homes. In this
article, we examine some common household hazards and explore whether
homeowner's insurance or other liability insurance can protect the
homeowner and compensate the injured. Download
full PDF article |
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- Roy P. Giarrusso & Curtis A. Connors,
Giarrusso, Norton, Cooley & McGlone, PC
Over the American centuries the islands of the Boston Harbor have
served New
England in numerous capacities, including navigation, national defense,
natural
preservation, education and recreation. As recognition of their historical,
cultural and environmental significance, the U.S. Congress added the
islands to the National Park System in 1996. Download full
PDF article
Part One | Part Two
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