Defamation is a legal concept designed to protect individuals and organizations from false statements that harm reputations. It generally refers to presenting false information as fact—whether spoken (slander) or written (libel)—that causes reputational damage. Importantly, defamation law is not meant to silence opinions or honest reporting, but to address demonstrably false claims presented as truth. […]
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Homestead protection shields a primary residence by requiring certain creditors to wait for the payment of their debts, after taxes and mortgages are satisfied, and after receipt of the equity in a home up to the homestead exemption amount. Note that the new legislation does not impact the automatic homestead exemption; and if one does […]
EMRG LLC, the owner of a property in Scituate, Massachusetts, filed a complaint containing counts of Try Title and Trespass against its next-door neighbor, Ms. Monteiro-Maraj, after she informed the principal of EMRG LLC that she considered a portion of his property (the “Disputed Area”) to be her property. The case was decided on November […]
The distinctions between a statute of limitation and a statute of repose are both technical and significant. Under a statute of limitations, for instance, a plaintiff must bring a claim within a specified time from the date the claim arises, typically the date of injury. Under a statute of repose, on the other hand, a […]
There is a concept in the law known as waiver, which means that failing to exercise your rights may result in their loss. Similarly, people who share an ownership interest in land may lose that interest by failing to act like an owner. The applicable scenario is as follows: A person obtains ownership interest with […]
As drones become more common for recreation, photography, and business, many people don’t realize they’re subject to federal registration laws—and that failing to comply can lead to serious penalties. Under federal law, anyone who owns a drone weighing more than 0.55 pounds (about 8.8 ounces) must register it with the Federal Aviation Administration (FAA) before […]
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 […]
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”) […]
