In the current age of global pandemics and unprecedented economic instability, many employers and employees find themselves stressed to the maximum. A recent decision by a Federal Appeals Court that an employer did not discriminate against an employee by firing her for misconduct she attributed to post-traumatic stress disorder has shed some new light on […]
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Laws permitting the medicinal use of marijuana were enacted in Massachusetts in 2012 and on July 1, 2018, recreational marijuana was legalized. The Commonwealth’s evolving law governing marijuana usage presents profound challenges for Massachusetts employers seeking to protect their customers, employees and themselves. This article will briefly examine some of the current trends in marijuana […]
The Massachusetts Supreme Judicial Court (SJC) resolved an important question concerning how long prospective plaintiffs have to pursue construction defect claims against a developer when a condominium development consists of multiple buildings constructed over an extended period of time. In D’Allesandro v. Lennar Hingham Holdings, LLC, the SJC held that the six-year statute of repose […]
UMNV 205-207 Newbury, LLC (referred to as “UMNV”) leased its Newbury Street location to Caffe Nero Americas, Inc. (referred to as “Caffé Nero”) for a 15-year term starting June 1, 2017. The lease stipulated that Caffé Nero was to use the leased premises “solely for the operation of a Caffé Nero themed café under Tenant’s […]
In today’s world, political discourse is rarely civil and can often lead to potentially tense and/or hostile disagreements. However, if an employee makes the choice to discuss hotly contested political topics in the office, could that employee be subject to discipline for his/her viewpoints, or does the First Amendment protect free speech and shield the […]
Perhaps more than others, small business owners have found it difficult to weather the sudden and seemingly endless rounds of shutdowns, restrictions, moratoriums, and reopenings. With fewer financial resources at their disposal and a steady upward trend of new Coronavirus cases, even with the almost-tangible feeling of hope that arrived with news of an effective […]
Due to the pandemic, boat sales are up significantly this year. Before you buy or sell a boat, you should have a clear understanding of all your legal obligations, or risk running aground. Unlike other areas of the law, boating law is specialized and may require legal counsel that is knowledgeable about the business of […]
Since the outbreak of the COVID-19 pandemic, we have seen an increase in reliance on force majeure and other clauses in construction contracts due to delays caused by COVID-19, such as construction shutdowns and social distancing. This has caused construction projects to stop or slow, stopping or slowing payment, and has resulted in an increase […]
Two recent decisions from the Massachusetts Housing Court revisited and clarified the importance of procedural details to landlords seeking to evict tenants. While the procedures reviewed dealt with residential evictions, the message is equally important in commercial settings. The first step to commencing an eviction is to provide the tenant with notice of his or […]
A life estate is an interest in real property for the duration of a person’s life, that person is known as the “life tenant.” The life estate ends at death and ownership of the property then passes to a “remainderman.” In the case below, the Massachusetts Appeals Court discusses what happens when the remainderman predeceases […]
