Surabian Realty Co. and Maja Hospitality Corporation sued Central One Federal Credit Union and two of its officers, David L’Ecuyer and Craig Madonia in connection with a failed attempt to obtain a commercial loan to develop a hotel on property in Shrewsbury.  A jury returned a verdict in favor of the plaintiffs, and the trial judge ruled in favor of the defendants on ch. 93A claims. Both sides appealed. While the appeals were pending the…

Laura Gentry Reagan and her husband Robert Reagen hired a pedicab that was licensed and registered to Boston Rickshaw and operated by its employee Dennis Suozzi.  During the ride, Suozzi allegedly changed lanes without looking or signaling.  That caused a vehicle to hit the rear of the pedicab, injuring the Reagans.  They sued Suozzi and Boston Rickshaw.  Atain Specialty Insurance provided general liability insurance to Boston Rickshaw.  It denied a duty to defend or indemnify…

Wegmans Food Markets entered into two contracts relevant to an accident at a supermarket under construction in Burlington, Massachusetts.  The first contract was a staffing agreement with Aerotek, under which Aerotek provided Thomas Story to Wegmans as a construction supervisor at the site. The second contract was a construction subcontract with MP Masonry. Both contracts had forum selection clauses.  The Aerotek contract provided that New York courts would have exclusive jurisdiction over the parties and…

As difficult as it is when you have lost your house to a fire or been seriously injured in a car accident, taking notes about what happened and your interactions with the insurer is worth the effort.  This blog post from Merlin Law Group explains why. …

Dacon Corporation was the general contractor on the construction of Beverly Hospital, owned by Northeast Hospital Corporation (NHC).  The first floor of the hospital consisted of three layers: a bottom vapor barrier, a concrete slab, and a top layer of tile or carpet.  Subcontractor Lampasona Concrete Corporation installed the concrete slab.  Other subcontractors installed the other two layers.  NHC sued Dacon, alleging property damage to the finished first floor.  Dacon filed a third-party complaint against…

Sterngold Dental manufactures and sells dental products.  Intra-Lock International alleged that it had infringed Intra-Lock’s trademark (literally the mark itself) on a product called OSSEAN, by using a nearly identical marks, OSSEO and OSSEOS, for a nearly identical product.  Sterngold’s insurer, HDI Global Insurance Company, denied coverage under the personal and advertising coverage of the policy. In Sterngold Dental, LLC v. HDI Global Ins., __ F.3d __, 2019 WL 2754185 (1st Cir.), a decision…

UBS-PR was an underwriter for Puerto Rican municipal bonds.  Its related company, UBS-Trust, managed a type of stock fund called closed-end funds, or CEFs.  (Together, the two companies are called UBS.)  In 2009 UBS-PR was the subject of an investigation by the SEC concerning violations of securities laws with respect to the CEFs.  The SEC ultimately concluded that UBS-PR misrepresented the risks associated with CEF shares and committed other malfeasance.  UBS-PR  settled with the SEC…