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Latest from Defense Litigation Insider

Defense Litigation Insider

Rhode Island’s Supreme Court Makes Friends between Insured and Insurer “Strangers”

By Matthew T. Giardina & Tyler Martin

July 1, 2020

On November 11, 2013, Timothy Frazier allegedly slipped and fell in a fast food restaurant restroom owned and operated by Mita Enterprises, LLC (“Mita”). Frazier v. Liberty Mut. Ins. Co., No. 2018-288-Appeal, 2020 WL 3117048, at *1 (R.I. June 12, 2020). Three years later, in November 2016, Frazier filed suit against Mita to recover damages for his alleged injuries. Id. Mita, however, failed to respond to Mita’s complaint and Frazier filed a motion to default…

Defense Litigation Insider

State Legislation to Immunize Businesses from Liability for Contraction of COVID-19

By Jordan Schwindt

June 22, 2020

As phased reopening plans are initiated across the country, many business owners are fearful that reopening may bring with it the possibility of significant liability exposure for COVID-19 related lawsuits. Businesses already feeling the impact of a national economic crisis could face an even more devastating financial impact absent some type of protection. It is inevitable that members of the public will continue to contract COVID-19, despite the precautionary measures in place and those contemplated…

Defense Litigation Insider

Consumer Protection in the Age of COVID-19

By Marissa Morte

June 11, 2020

For all Americans, the beginning of June brings with it the lifting of stay-at-home orders and the reopening of the economies of every state. Yet, many experts warn that it could be months or even years before everyday life returns to normal. While the “new” American way of life is uncertain at best, recent trends in litigation provide some insight into the types of claims that are likely to arise out of the COVID-19 pandemic.…

Defense Litigation Insider

The PREP Act and COVID-19

By Andrew S. Wellman

May 8, 2020

In our 240+ year history as a country, we have endured numerous tribulations that have in some way, threatened our way of life. The COVID-19 outbreak has forced us to engage in new behaviors, including social distancing and the consistent use of face masks outside of our homes. Moreover, several companies are working tirelessly to develop potential treatments for a virus that has infected approximately 1.25 million Americans and killed approximately 75,670.[1] Among other…

Defense Litigation Insider

To Work Or Not To Work…That Is The Question.

By Jeffrey C. McLucas

April 30, 2020

Partner Jeff McLucas explores Employment Issues in the Age of Coronavirus. For more information, we encourage you to contact Jeff and visit the Employment Litigation section of the MG+M website. COVID-19 has impacted the entire planet and the daily lives of all. The pandemic has turned our valued first responders into heroic warriors on the front lines of the battle against the virus. COVID-19 has wreaked a tragic toll upon the population, taking lives and…

Defense Litigation Insider

Lessons to the Wise in Unfair Settlement Practice Litigation – Recent Massachusetts Appeals Court Decision Illustrates Austere Potential of Chapter 93A/176D Claims

By Joseph Bussiere

April 28, 2020

Massachusetts General Laws Chapter 93A and 176D have long provided the plaintiffs’ personal injury bar with an exceptionally sharp check on insurance carriers’ settlement practices. While many claims under Chapter 93A/176D appear from the outset to be pro forma, a recent Massachusetts Appeals Court in Chiulli v. Liberty Mutual Insurance, Inc., 97 Mass. App. Ct. 248 (2020) illustrates the perils of Chapter 93A/176D violations in settlement practices and the substantial penalties that may be imposed in the event…

Defense Litigation Insider

COVID-19 Litigation – Fear of Injury and Emotional Distress Claims

By Megan Sullivan

April 17, 2020

The COVID-19 crisis has had an impact on every court across the nation, both at the state and federal levels, postponing and delaying countless civil litigation hearings and trials. There is still a great deal of uncertainty as to when social distancing guidelines will be relaxed and when states will begin to resume normal business activities. The continued postponement of hearings and trials will result in a tremendous backlog of cases vying for the attention…

Defense Litigation Insider

MG+M’s Resources Related to COVID-19

By Brian Gross

April 10, 2020

We are all feeling the impact that COVID-19 is having on our lives, both personally and professionally. In an effort to assist our clients as they navigate the myriad of business and legal challenges they are facing during this difficult time, MG+M has prepared a report summarizing the actions taken by state and court systems as a result of the COVID-19 pandemic. This report contains comprehensive information concerning court orders and individual state’s emergency orders…

Defense Litigation Insider

“Safe Berth” Clause Requires More than Due Diligence

By Raúl Chacón & Danielle T. Gauer

April 1, 2020

On March 30, 2020, the United States Supreme Court issued a decision that can impact the way Charter Party Agreements are negotiated. Particularly, given the present COVID-19 orders that purport to limit whether vessels can enter certain ports, orders that appear to change on a daily basis, this decision should serve notice to those negotiating Charter Party Agreements. CITGO Asphalt Refining Company, et al. v. Frescati Shipping Company, Ltd., et al. No. 18-565 (March 30,…

Defense Litigation Insider

MG+M Prevails at Massachusetts Appeals Court in Wrongful Death Shooting Case

By Jeffrey C. McLucas

July 23, 2019

July 18, 2019–MG+M’s Jeff McLucas successfully defended the summary judgment dismissal of a wrongful death civil case stemming from the shooting, and ultimate death, of a drive-by shooting victim in Boston that occurred on a public sidewalk adjacent to a housing development. Holloway v. Madison Trinity Limited Partnership, 2019 WL 3227215, Appeals Court of Massachusetts No. 18-P-1323 (July 18, 2019). The decedent was shot by unidentified individuals who were never apprehended, initially paralyzed and eventually…

Defense Litigation Insider

Helping you navigate a clear path through complex litigation.

Blog Authors

Rhode Island’s Supreme Court Makes Friends between Insured and Insurer “Strangers”

State Legislation to Immunize Businesses from Liability for Contraction of COVID-19

Consumer Protection in the Age of COVID-19

The PREP Act and COVID-19

To Work Or Not To Work…That Is The Question.

Lessons to the Wise in Unfair Settlement Practice Litigation – Recent Massachusetts Appeals Court Decision Illustrates Austere Potential of Chapter 93A/176D Claims

COVID-19 Litigation – Fear of Injury and Emotional Distress Claims

MG+M’s Resources Related to COVID-19

“Safe Berth” Clause Requires More than Due Diligence

MG+M Prevails at Massachusetts Appeals Court in Wrongful Death Shooting Case

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