By James L. Rudolph, Esq. and Kara Moheban McLoy, Esq. In Coughlin Electrical Contractors, Inc. v. Gilbane Building Co. et al., a Massachusetts Superior Court judge addressed an issue apparently of first impression concerning the interpretation of a Construction Manager at Risk (“CMR”) public construction contract. A CMR contract shifts the majority of the design […]
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After nearly two years of litigation in a Civil Contempt action filed by the Office of the Attorney General (the “Commonwealth”), including nine days of trial in Suffolk Superior Court, the Honorable Linda E. Giles recently dismissed all claims against Rudolph Friedmann’s client. Jonathon Friedmann, Chair of the Litigation Department, assisted by Bobby Rudolph, represented […]
By Adam J. Shafran, Esq. Massachusetts, like all other states, follows the employment doctrine known as “employee-at will.” The concept is rather straightforward. On one hand, when an employee is considered an employee-at-will, the employee can choose to leave his or her employment at any time, without advance notice, and without having to give a […]
Covenants not to compete are generally disfavored. To enforce a non-compete, an employer must show that the covenant is necessary to protect a legitimate business interest, reasonably limited in time and space, and consonant with the public interest. This often requires individualized judicial consideration. And the matter is usually first presented to the judge by […]
A recent decision by the US Bankruptcy Court has invalidated certain so-called “Homestead” protections in real estate that will likely affect many Massachusetts residents. First, a little background:
By Adam J. Shafran, Esq. Bolstered by a wage statute that provides for mandatory triple damages and attorneys’ fees, the Commonwealth of Massachusetts continues to be a hotbed for both individual and class action wage and hour lawsuits. In addition to harsh statutory penalties, recent decisions by the Massachusetts Supreme Judicial Court (“SJC”) all but […]
Jon Friedmann, who heads up our Litigation Department, recently concluded an Arbitration involving the building of a camp for construction workers in North Dakota. Jon’s client was sued for refusing to pay part of the acquisition cost of the camp. He raised as a defense the failure of the Seller to properly build the camp. […]
By Robert P. Rudolph, Esq. A Massachusetts court recently held that a broker was entitled to her broker’s fee despite the fact that no lease was consummated. In Ria K, McNamara. Inc. v. Forecast Shrewsbury Ltd. P’ship. 31 Mass.L.Rptr. 366 (Mass. Super. July 17, 2013), the Plaintiff Ria K. McNamara (“McNamara”) filed suit for payment […]
By Jocelyn Campbell, Esq. For those who own condominiums in Massachusetts and are fortunate enough to also have a balcony, this article is for you. Recently, the Massachusetts Appeals court decided Sano v. Tedesco, No. 12-P-746, August 28, 2013, a case where homeowners (non-balcony unit owners) brought suit against their condo association in an attempt […]
The short answer is yes, but it depends on the facts and circumstances of the particular situation. In a recent case decided by the Massachusetts Supreme Judicial Court, the Court addressed for the first time when a corporation’ s counsel could assert the attorney- client privilege and the work-product doctrine to prevent the disclosure of […]
