Your Subcontractor’s Worker is Injured. Are You on the Hook?

John Berry | Freeman Mathis & Gary A recent decision from the Massachusetts Supreme Judicial Court provides important guidance on when a general contractor may be liable for injuries sustained by a subcontractor’s employee on a construction project. In Suquilanda v. Skyway Roofing, Inc., the SJC clarified that the key inquiry is not who generally oversees… Continue reading Your Subcontractor’s Worker is Injured. Are You on the Hook?

When Is a Personal Injury Case Ready for Mediation? Evidence, Credibility and Settlement Strategy

Hon. Thomas Drechsler and Hon. Robert D. Foiles | JAMS In this episode of the JAMS podcast, JAMS neutrals Hon. Robert D. Foiles (Ret.) and Hon. Thomas Drechsler (Ret.) explore how personal injury cases are evaluated, what makes a claim ready for meaningful settlement discussion, and how digital evidence, credibility, and settlement strategy can shape the path to resolution.… Continue reading When Is a Personal Injury Case Ready for Mediation? Evidence, Credibility and Settlement Strategy

Is This the Time to Mediate? Early Mediation for Personal Injury Cases

Matt Hollingsworth | Miles Mediation & Arbitration Early mediation is becoming more common in personal injury litigation. Some plaintiff lawyers favor it because it gives clients the opportunity to resolve their cases quickly. Some defense lawyers prefer it because it offers a way to control exposure and reduce litigation costs. As a mediator who frequently handles personal injury cases,… Continue reading Is This the Time to Mediate? Early Mediation for Personal Injury Cases

Appellate Division Clarifies Scope of Indemnification Clauses in Construction Injury Litigation

Nicholas Rinaldi | Marshall Dennehey This case involves a fall at a construction site in which a jury found the defendant, a general contractor, partially liable for the plaintiff’s injuries, awarding him and his wife damages. The defendant appealed the lower court’s determination that it was not entitled to contractual indemnification from the co-defendants, a… Continue reading Appellate Division Clarifies Scope of Indemnification Clauses in Construction Injury Litigation

Call Before You Dig: Company Faces Tort Claims for Not Calling First

Katelyn Carson and John Mark Goodman | BuildSmart We all have legal duties. Some arise from contracts that we choose to enter. Others are spelled out in statutes or regulations. Still others are imposed by the common law. One of the most basic common law duties is the duty to exercise reasonable care to avoid… Continue reading Call Before You Dig: Company Faces Tort Claims for Not Calling First