James H. Moss

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In Texas, the landowner was not liable for the damages caused by a bite from a Brown Recluse Spider when it bit a tenant on the property. Hillis v. McCall, 2020 Tex. LEXIS 187, 63 Tex. Sup. J. 577 State: Texas, Supreme Court of Texas Plaintiff: Henry McCall Defendant: Homer Hillis Plaintiff Claims: premises liability Defendant Defenses: ferae naturae Holding: for the Defendant Year: 2020 Summary Ferae Naturae means naturally wild. Since the guest knew…
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A derivative claim can be stopped by any defense of the main claim the derivative claim is dependent on. In this Scuba fatality, a release stopped claims by the heirs. Doherty v. Diving Unlimited International, Inc., 484 Mass. 193, 2020 Mass. LEXIS 134, 140 N.E.3d 394, 2020 WL 949922 State: Massachusetts, Supreme Judicial Court of Massachusetts Plaintiff: Margaret C. Doherty, personal representative Defendant: Diving Unlimited International, Inc. Plaintiff Claims: Wrongful Death Defendant Defenses: Release Holding:…
Updated June 4, 2020 Not every business will follow this outline; however, it provides some basic ideas on when and why you need legal advice to protect your business. Check back as this page will be updated with new ideas and articles. Year 1 Create Limited Liability Company for your business: Because the cost of starting an LLC in most states is minimal, start one immediately and start using the name to provide notice that…
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Seven-Part Program to Build a Release to Defend your Business/Program/Activity Releases are also known as “waivers” or “covenants not to sue.” They are also called “allocation of risk” or “transference of risk” documents. Whatever the name, they are an agreement between two parties as to who will assume the cost of injury prior to the injury. Another type of document called an “Assumption of Risk” document does not provide the complete extent of legal defenses…
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Release used poor language and was hidden within an application to learn to ride. Markovitz v. Cassenti, 56 N.E.3d 894, 90 Mass.App.Ct. 1102 (2016) State: Massachusetts , Appeals Court of Massachusetts Plaintiff: Joanne Markovitz Defendant: Christine Cassenti Plaintiff Claims: Negligence Defendant Defenses: Release Holding: For the Defendant Year: 2016 Summary A release stopped a negligence claim for falling off a horse in Massachusetts. The plaintiff had been riding with the stable for more than a…
Updated May 28, 2020 Not every business will follow this outline; however, it provides some basic ideas on when and why you need legal advice to protect your business. Check back as this page will be updated with new ideas and articles. Year 1 Create Limited Liability Company for your business: Because the cost of starting an LLC in most states is minimal, start one immediately and start using the name to provide notice that…
Doherty v. Diving Unlimited International, Inc., 484 Mass. 193, 2020 Mass. LEXIS 134, 140 N.E.3d 394, 2020 WL 949922 Margaret C. Doherty, personal representative, [ 1] v. Diving Unlimited International, Inc., & others.[ 2] No. SJC-12707 Supreme Judicial Court of Massachusetts, Essex February 27, 2020 Heard: October 4, 2019. Civil action commenced in the Superior Court Department on May 5, 2015. The case was heard by Janice W. Howe, J., on a motion for summary…
Hillis v. McCall, 2020 Tex. LEXIS 187, 63 Tex. Sup. J. 577 Homer Hillis, Petitioner, v. Henry McCall, Respondent No. 18-1065 Supreme Court of Texas March 13, 2020 On Petition for Review from the Court of Appeals for the Fourth District of Texas OPINION Debra H. Lehrmann Justice The ferae naturae doctrine limits a landowner’s liability for harm caused by indigenous wild animals on his property. In this premises-liability case arising out of a brown-recluse…
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There are dozens of reasons, read on. There are dozens of reasons why you would create multiple limited liability companies for your business. A Limited Liability Company, (LLC), is easy and inexpensive to set up and operate. Each LLC protects the assets in it. Each LLC protects the assets of the other LLC’s Each LLC protects the assets of the parent LLC. Each LLC makes it harder to sue the parent and other LLC’s Like…
GENERAL LAWS OF MASSACHUSETTS Part I. ADMINISTRATION OF THE GOVERNMENT Title XIX. AGRICULTURE AND CONSERVATION Chapter 128. AGRICULTURE § 128:2D. Liability of equine professionals and equine activity sponsors (a)    For the purposes of this section, the following words shall have the following meanings: “Engage in an equine activity”, riding, training, assisting in veterinary treatment of, driving, or being a passenger upon an equine, whether mounted or unmounted, visiting or touring or utilizing an equine facility as…