2013 Klairmont v Gainsboro Restaurant (a judge can ignore a jury verdict using 93A on the same set of facts)

                                                              Lisa KLAIRMONT & another, [FN1] administrators, [FN2] vs. GAINSBORO RESTAURANT, INC., [FN3] and others. [FN4] SJC-11154. Suffolk. January 7, 2013. – May 16, 2013. Consumer Protection Act, Unfair or deceptive act, Availability of remedy, Damages, Attorney’s fees, Jury trial. Continue reading 2013 Klairmont v Gainsboro Restaurant (a judge can ignore a jury verdict using 93A on the same set of facts)

2013 Cleber Coleta DOS SANTOS vs Maria A. COLETA (Landlord must fix even open and obvious dangers)

Yesterday the Supreme Judicial Court of MA (SJC) ruled that it was OK to rent to 4 or more unrelated adults living in one apartment provided that it was big enough which was a step in the right direction and Continue reading 2013 Cleber Coleta DOS SANTOS vs Maria A. COLETA (Landlord must fix even open and obvious dangers)

Isaac CHOW vs. MERRIMACK MUTUAL FIRE INSURANCE COMPANY. (we are not responsible for the actions of independent contractors)

Summary of this case: “As a threshold matter, we observe that the question whether a party to a contract has satisfied a contractually imposed duty to use reasonable care is tested by reference to ordinary principles of negligence. See Herbert Continue reading Isaac CHOW vs. MERRIMACK MUTUAL FIRE INSURANCE COMPANY. (we are not responsible for the actions of independent contractors)

2013 City of Worcester v College Hill Properties (OK to have more than 4 unrelated adults living in apt)

Well, the Supreme Judicial Court of MA have been busy little bees churning these cases one after another. I just published a blog yesterday and now I have to publish another one. Oh, well!This case is about whether four or Continue reading 2013 City of Worcester v College Hill Properties (OK to have more than 4 unrelated adults living in apt)

GMAC v First American Title Insurance (Liability Insurance Companies must defend all claims against us even if only one claim is covered)

SUMMARY. I am focusing on what could be relevant for MA landlords. On April 04, 2013 the Supreme Judicial Court of MA issued a decision in a case called GMAC Mortgage v. First American Title Insurance Co. (SJC-11161) –  in Continue reading GMAC v First American Title Insurance (Liability Insurance Companies must defend all claims against us even if only one claim is covered)

285 Washington St Co v Hudson River International (tenants don’t have to pay rent damages after they break the Lease unless the Lease specifies otherwise)

A case was just released today by SJC (275 Washington St Corp v Hudson River International) where the discussion was whether landlords can sue the tenant for rent damages from when the tenant broke the Lease and vacated to the Continue reading 285 Washington St Co v Hudson River International (tenants don’t have to pay rent damages after they break the Lease unless the Lease specifies otherwise)