Conn Kavanaugh is pleased to announce that 15 lawyers have been included in the 2021 edition of The Best Lawyers in America®, and five lawyers have been included in the inaugural edition of The Best Lawyers in America: Ones to Watch. Best Lawyers has been recognizing legal excellence for over three decades and is regarded by both clients […]
News
Colleges and Universities May Be Liable to Intoxicated Students for Failing to Take Reasonable Steps to Protect Them From Harm
The Massachusetts Supreme Judicial Court (“SJC”) has created an actionable duty of care of colleges and universities to helplessly intoxicated students. On July 27, 2020, the court held that, where a college or university has actual knowledge of conditions that would lead a reasonable person to believe that a student is in imminent danger of […]
Pro Bono Success: New England Innocence Project
Bob Rosenthal recently provided pro bono counsel to the New England Innocence Project in securing a multi-year office lease.
Tenant May Not Recover Personal-Injury Damages Under Implied Warranty of Habitability for Slip and Fall on Icy Driveway
The Facts: Goreham v. Martins, No. SJC 12761, 2020 WL 3407710 (Mass. June 22, 2020) On a cold day in January 2010, Robert Goreham exited his apartment through the rear fire escape and walked down the building’s driveway to run errands. Before reaching the street, he tumbled on ice, fracturing his fibula and dislocating his […]
Restaurants May Sell Alcoholic Beverages at Outdoor Table Service, With Approval
As of yesterday, June 8, 2020, Massachusetts restaurants have begun to reopen from the COVID-19 quarantine for outdoor, on-premise dining; a long awaited moment for restaurant owners and workers throughout the Commonwealth. The reopening brings questions for restaurants – particularly those holding on-premise liquor licenses – about operating procedure in a post-lockdown world. For example, […]
Will Liability Waivers Be Part of the ‘New Normal’ for Public-Facing Businesses?
As many Massachusetts businesses begin reopening to the public, one of the challenges they face is the threat of lawsuits from customers who claim to have contracted COVID-19 onsite. Should public-facing businesses ask customers to sign liability waivers to protect against COVID-19 lawsuits? The short answer is that requiring such a waiver probably is not […]
Massachusetts Construction Back up and Running, but COVID Concerns Linger
As public health measures slow the spread of COVID-19, the Commonwealth and its municipalities have begun to ease restrictions on commercial activity, including construction. But it’s far from business as usual on job sites. With a only few exceptions (discussed below), all construction stakeholders must adhere indefinitely to Governor Baker’s “Mandatory Safety Standards” while on […]
Massachusetts Supreme Judicial Court Strengthens Weapons Available to Defendant Landowners Facing Defective Claims Allegedly Involving Title to Real Estate
In cases allegedly involving an interest in real property, the Massachusetts lis pendens statute, G.L. c. 184, § 15, allows the defendant to file a special motion to dismiss frivolous claims. If the trial court allows the motion, it must award the successful defendant the attorneys fees and costs incurred in defending the case. But […]
Lawyer Well-Being Week 2020 Resources
May is National Mental Health Awareness Month, and the first week of the month is Lawyers Well-Being Week. Especially now, with the added challenges of navigating law practice during the COVID-19 pandemic, lawyers need to take care of themselves so that they are better able to take care of their clients. To build overall well-being, […]
Notarization, Like Your Morning Commute, Is Now on the Long List of Things That Have Changed During the COVID-19 Pandemic
On Monday, Governor Baker signed a temporary measure into law allowing notaries to notarize documents by videoconference during the current state of emergency. This means that Massachusetts residents can—among other things—sign wills, name health care proxies, and buy and sell real estate, without leaving home. Because the new law also allows witnesses to observe a […]