Publications - Hermes, Netburn, O’Connor & Spearing

Peter Netburn, Kevin O’Connor and Michael Kinton Co-Author Article for Massachusetts Chapter of the Federal Bar Association’s Winter 2020 Newsletter

Hermes Netburn — Thu, 02 Dec 2021 23:11:01 +0000

Peter Netburn, Kevin O’Connor and Michael Kinton authored an article entitled, “Collusive Consent Judgment that was not Subjected to a Judicial Reasonableness Review is not the Basis for a Chapter 93A Damages Award” published in the Massachusetts Chapter of the Federal Bar Association’s Winter 2020 Newsletter and the Massachusetts Defense Lawyers Association’s January/February 2021 Newsletter. The article focuses on the First Circuit’s rejection of the appellant’s argument in Capitol Specialty Ins. Co. v. Higgins, 953 F.3d 95 (1st Cir. 2020) that the stipulated consent judgment in the underlying tort case, which was neither reviewed nor endorsed by the court, should form the basis for a Chapter 93A damages award against the tortfeasor’s liability insurer. Peter, Kevin and Michael conclude that courts in future cases applying Massachusetts law will not enforce underlying consent judgments against insurers unless there is a clear absence of collusion and there is evidence that a consent judgment was subject to judicial review with the opportunity for the insurer to participate.

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Peter Netburn and Scott Spearing Present Journal Article and Lead Panel Presentation at 2021 Annual Fidelity Law Association Conference

Hermes Netburn — Wed, 10 Nov 2021 05:06:00 +0000

Peter Netburn and Scott Spearing lead a panel presentation at the 2021 Annual Fidelity Law Association conference in New York City. Peter and Scott discussed their recent article, It’s Not a Direct Loss, But Is It Covered Property? The Impact of Direct Loss and Owned/Covered Property Interpretations on Current Fidelity Claims, published in the November 2021 Fidelity Law Journal (Volume XXVII). The presentation addressed how fidelity bonds and commercial crime policies are designed to cover direct first-party losses and limit coverage of losses for property not owned by the insured, and the impact that judicial interpretation of “direct loss” and “ownership” provisions have had on current fidelity claims.

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Holly Polglase Authors Product Liability Article: Creating Useful Exhibits at Depositions

Hermes Netburn — Tue, 24 Nov 2020 19:19:00 +0000

Shareholder Holly Polglase authored a recent article entitled, “Product Liability: Creating Useful Exhibits at Depositions” published in the October issue of the Primerus network newsletter. In the article, Holly describes critical considerations that help lawyers tell accurate and compelling stories when defending product liability cases. Holly tells us, “Practitioners have a number of tools at their disposal to create useful exhibits during depositions that pinpoint exact details in a manner that is hard for the witness to change or refute later at trial. Making use of those tools and paying attention to the details of what an exhibit shows while it is being made will allow the questioner to create exhibits that not only give the experts the details they need to support their opinions but are also powerful story tellers at trial.” We invite you to read Holly’s article.

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“The “Goldilocks Zone” for Biomechanical Opinions” (DRI – Beyond Porridge) For The Defense | November 2019 – Vol. 61, No. 11

Hermes Netburn — Wed, 27 Nov 2019 19:26:00 +0000

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Hermes Netburn Attorneys, Michael S. Batson and Kevin J. O’Connor Attain Favorable Summary Judgment Ruling on Behalf of Insurer Clients RE: Insurers’ Right to Control Defense

Hermes Netburn — Sat, 27 Oct 2018 18:29:00 +0000

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Hermes Netburn Attorneys, Michael S. Batson and Kevin J. O’Connor Successfully Compel Production of Settlement Agreement

Hermes Netburn — Thu, 19 Jul 2018 18:42:00 +0000

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Boston Area Restaurants and Bars Facing Scrutiny Over ADA Accessibility

Hermes Netburn — Mon, 08 Jan 2018 19:44:00 +0000

The Boston hospitality industry is facing increased scrutiny over alleged Americans with Disabilities Act (ADA) violations. In recent weeks, nearly two dozen new lawsuits have been filed in the US Federal District Court for the District of Massachusetts against various Boston area restaurants, bars, hotels and other hospitality businesses. The lawsuits name both the owners of the building and the operator of the business.

An earlier round of 44 nearly identical ADA accessibility lawsuits were filed in 2016 and 64 more in 2017 against various Boston hospitality businesses. The same plaintiff filed 18 of those lawsuits in December alone and has continued to file into the first few days of 2018.

The lawsuits, all with the same named plaintiff, make nearly identical allegations of ADA inaccessibility, and are filed by an out-of-state attorney.

The plaintiff is a “tester,” someone who visits public businesses to find alleged violations of the ADA with the intent of filing a lawsuit. HNOS Litigation Shareholder, Jeremy Y. Weltman, states:

While testers can certainly play a crucial role in shedding light on public accommodations and accessibility issues, because the ADA provides for the payment of a prevailing party’s attorney’s fees, it is not uncommon to see what are known as ‘serial lawsuits.’ In these suits, a tester will file multiple lawsuits in quick succession against various defendants. They will often make the same or similar allegations across the various lawsuits despite what can be significant architectural and other differences between the various targeted defendants. Individual case scrutiny is always warranted and necessary.

ADA accessibility lawsuits can cost restaurants, bars and building owners thousands of dollars in unnecessary legal fees and expenses if not addressed appropriately from the outset. Attorney Jeremy Y. Weltman has direct hands-on experience dealing with this sort of ADA accessibility litigation and this serial plaintiff, in particular, having been retained by a large contingent of the defendants in the 2015 and summer of 2016 round of lawsuits. Attorney Weltman assisted all of these clients in efficiently and effectively disposing of those cases with favorable results to the clients.

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“Recent Developments in Excess Insurance and Reinsurance” (ABA – TIPS) Law Journal | Winter 2017 – Vol 52, Issue 2

Hermes Netburn — Sun, 07 Jan 2018 19:57:00 +0000

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“DRI Membership: It’s Personal” (DRI News) For The Defense | August 2017

Hermes Netburn — Wed, 30 Aug 2017 16:11:00 +0000

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“Send, Serve or Both” – Article (10(A) of the Hague Service Convention | Best Lawyers – Legal Insights | August 2017

Hermes Netburn — Sun, 27 Aug 2017 19:04:00 +0000

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