Under Massachusetts law, Chapter 93A and Chapter 176D encourage the settlement of insurance claims and discourage insurers from forcing claimants into unnecessary litigation. Specifically, Chapter 93A bars insurers from committing “unfair or deceptive acts or practices” and creates a private right of action for consumers injured by those practices. Chapter 176D defines fourteen specific actions […]
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Clients often ask if they should put their real property into a trust. The answer is complicated. It depends on whether the client has an existing estate plan, the purpose of the trust, and whether the property is their primary residence, vacation home, or a business venture. The benefits of putting real property into a […]
The employment relationship in Massachusetts is governed by various state and federal laws that dictate what employers can and cannot ask throughout the employment life cycle. These laws are intended to prevent discrimination and protect employees’ rights. Among these laws are the Fair Labor Standards Act, National Labor Relations Act, the Family Medical Leave Act, […]
The Massachusetts Supreme Judicial Court recently clarified that the Massachusetts Noncompetition Agreement Act (“Act”) does not apply to a non-solicitation agreement incorporated into a termination agreement even if the termination agreement includes a forfeiture provision if the employee breaches the non-solicitation agreement. In the matter of Susan Miele v. Foundation Medicine, Inc., Susan Miele (“Miele”) […]
Getting pulled over by the police can be a stressful experience. In Massachusetts, understanding your rights and responsibilities during a traffic stop can help you stay calm, stay safe, and avoid unnecessary legal trouble. This article breaks down what every driver should know—from how to respond when those blue lights flash to what the law […]
In Parexel Int’l LLC v. PrisymID Ltd., the United States District Court of Massachusetts allowed defendant Loftware Inc.’s motion to dismiss without prejudice due to the plaintiff’s failure to properly plead a breach of contract claim needed to pierce the corporate veil. No. 23-CV-12381-ADB, 2024 WL 3471930, at *1 (D. Mass. July 19, 2024). In […]
Construction projects often involve work performed by subcontractors. While this makes sense given the varying expertise and equipment required, it can create some difficult issues from an insurance perspective when things go awry. Imagine, for example, a general contractor who performs non-defective work on one part of a construction project while a subcontractor performs defective […]
Because of a loophole in the Massachusetts Wiretap Statute, also known as G.L. c. 272, § 99, a recording of another person, even one alleged as illegal, is admissible evidence in a civil case. While G.L. c. 272, § 99 contains penalties such as up to five years in state prison, up to two and […]
How many times have you tried to cancel a subscription after the trial period and continue to be billed notwithstanding your cancellation? How many times have you ordered something only to find out that the true price of the purchase is significantly different? Well, if this has happened to you, you’re now in luck if […]
Property owners have the right, according Massachusetts General Laws Chapter 183A, to deed their property into a condominium form of ownership structure. By doing so, the property owner creates separate and distinct units of its property, which units may be transferred and owned by separate and distinct owners. Each owner of a unit would also […]
