The Key to the Courtroom is the Key to Reform - 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

Resolving Disputes Before They Arise - 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. Download full PDF article

Dealing with Contaminated Property - 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

What You Should Know About Arbitration And Mediation - 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. Download full PDF article

The Care Require d of Home Owners and Businesses - 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

Hazards of the Household - 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

Terminal threat to Boston Harbor - 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