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For nearly two decades, the First Circuit has recognized that there can typically be no failure to hire an individual without allegations that the individual applied for the job at issue. While noting that there may be certain facts that render an application unfeasible, this has been a rare finding. The United States District Court […]

Rudolph Friedmann attorneys Jonathon Friedmann and Eric Walz recently concluded a five-day jury waived trial in Suffolk Superior Court. The Judge issued a 27-page decision in our client’s favor. The plaintiffs sued our client claiming that the six-unit, four-story building it built pursuant to a building permit that had issued as a matter of right […]

By Annabelle Hentz, Law Clerk The Supreme Judicial Court of Massachusetts recently upheld a Superior Court’s ruling that rent acceleration clauses are enforceable by commercial landlords against defaulting commercial tenants. Rent acceleration clauses allow for unpaid rent to constitute liquidated damages when a tenant defaults— regardless of the amount of unpaid lapsed time. Case Background […]

Until recently, Massachusetts federal courts had not determined whether a debt collector violates the Fair Debt Collection Practices Act (“FDCPA”) by failing to state whether interest is accruing (or not accruing) when offering to settle a consumer debt. In a recent ruling, a Magistrate Judge for the United States District Court for the District of […]

In Massachusetts when a buyer finds property to purchase, the first step in the process is to make an offer that the seller will accept. The buyer binds his offer with a small deposit until a more formal Purchase & Sale Agreement (“P&S”) is executed and additional deposit funds are delivered. The offer generally outlines […]

Construction subcontracts establish the legal relationship between subcontractors and prime contractors. Most subcontracts should mirror the terms and conditions outlined in the agreement between the owner and the general contractor (the “Prime Contract”) or, at a minimum, be consistent with and provide an explanation when the terms do not mirror the Prime Contract. To ensure […]

On June 21, 2023, the Massachusetts Supreme Judicial Court issued its decision in Adams v. Schneider Electric USA, Inc., addressing the so-called “Cat’s Paw” theory of liability. In reversing summary judgment originally granted in favor of the employer Schneider Electric, the SJC concluded that an employer can still violate the Massachusetts anti-discrimination statute, G.L. c. […]

Rudolph Friedmann is pleased to announce that eight of the firm’s attorneys were selected for inclusion on the 2023 Massachusetts Super Lawyers® and Rising Stars lists. The selection process combines independent research, peer nominations and evaluations, with no more than five percent of each state’s attorneys named to the Super Lawyers list and no more […]

The United States District Court for the District of Massachusetts recently issued a favorable decision for remote employees seeking to invoke the protections of the Massachusetts Wage Act. The Wage Act is a generous statute for employees that provides for treble damages as liquidated damages for any lost wages, as well as attorney’s fees, costs, […]

A choice of law provision allows parties to agree that the law of a particular state will apply to the interpretation of a contract and any conflict arising therefrom. Choice of law provisions are particularly important when the parties are from different states and there are significant differences between the laws of the differing states. […]

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