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Legal Articles: Bernstein Shur

 







Document(s) published by this organization: 70


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HTMLRhode Island - You Get One, and Only One, Bite at the Apple
Michael R. Bosse; Bernstein Shur;
Legal Alert/Article
March 20, 2015, previously published on February 26, 2015
A recent Rhode Island case reminds us that, in litigation, you usually only get one bite at the apple. In Torrado Architects v. Rhode Island Department of Human Services, decided November 25, 2014, Torrado was denied the ability to conduct a second binding arbitration after the first one was...

 

HTMLLeveling the Field - Equal Pay Law Enacted in New Hampshire
Naomi N. Butterfield, Emily Gray Rice; Bernstein Shur;
Legal Alert/Article
March 20, 2015, previously published on February 12, 2015
Effective January 1, 2015, New Hampshire updated its laws regarding pay equity. Under the new law, businesses are prohibited from paying employees different wages for the same work based solely on their sex. Employers are also prohibited from discharging, or in any other manner discriminating...

 

HTMLState of the Union: Highlights Affecting the Workplace
Kelsey Wilcox; Bernstein Shur;
Legal Alert/Article
March 20, 2015, previously published on February 12, 2015
During the State of the Union address in January, President Obama spoke about several legislative goals that, if adopted, could have a direct bearing on the workplace.

 

HTMLCGL Exclusions for Contractual Liability - The Existence of a Contract Does Not Dictate the Exclusion
Michael A. Hodgins; Bernstein Shur;
Legal Alert/Article
March 20, 2015, previously published on February 26, 2015
Just when contractors think they have insurance coverage for a claim under their Commercial General Liability policy, they find they do not, often because of the application of one of many policy exclusions. Contractors are understandably confused. Sometimes these policy exclusions can prove...

 

HTMLEconomic Loss Doctrine Applied In Construction Case
Asha Echeverria; Bernstein Shur;
Legal Alert/Article
March 20, 2015, previously published on February 26, 2015
In Arundel Valley, LLC v. Branch River Plastics, Inc., BCD-CV-13-15 (Me. Super. Ct. Nov. 4, 2014), the Maine Superior Court delves into and brings some clarity to the murky world of the economic loss doctrine. Under Maine law, the economic loss doctrine states that absent personal injury or...

 

HTMLMaine Human Rights Commission Amends Complaint Procedures
Bernstein Shur;
Legal Alert/Article
February 18, 2015, previously published on February 9, 2015
Any employer that has ever been part of a Maine Human Rights Commission investigation has learned firsthand that the process can be long, frustrating and often-times unfair. Due to chronic understaffing at the Commission, the investigation process can be agonizingly slow and drag on for up to two...

 

HTMLNLRB Rules That Employers Must Allow use of Email Systems for Union Organizing
Glenn Israel; Bernstein Shur;
Legal Alert/Article
February 18, 2015, previously published on December 11, 2014
On December 11, 2014, the National Labor Relations Board ruled that an employer violated the National Labor Relations Act by prohibiting the use of its email system for “engaging in activities on behalf of organizations or persons with no professional or business affiliation with the...

 

HTMLCan You Lien Yourself? Sometimes the Answer is, Yes!
Michael R. Bosse; Bernstein Shur;
Legal Alert/Article
February 18, 2015, previously published on December 23, 2014
In Peabody-Waterside Development, LLC v. Island of Waterside, LLC, an Illinois Appellate Court concluded that a member of an LLC could rightfully lien its own LLC to collect amounts for grading and site development work. While the concept of liening your own entity may seem strange, in the right...

 

HTMLInsurance for Defective Work Claims?In Some Cases, the New Hampshire Supreme Court says “Yes”
David P. Ray; Bernstein Shur;
Legal Alert/Article
February 18, 2015, previously published on January 23, 2015
The standard Commercial General Liability policy available to contractors provides insurance for property damage and personal injury claims against the contractor. All CGL policies include an exclusion for claims seeking property damage that must be “restored, repaired or replaced because...

 

HTMLFraudulent Concealment of Bad Soils Results in Entitlement to Jury Trial
Michael R. Bosse; Bernstein Shur;
Legal Alert/Article
February 18, 2015, previously published on January 23, 2015
Fraudulent concealment claims can allow a claimant to escape the legal bar of a statute of limitations. They are difficult claims to prove in court because you have to prove the undisclosed facts, and sometimes the cover up. Yet, in a case decided by the California Court of Appeals on January 15,...

 


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