We are pleased to announce that Sean Cullen has joined the firm as an associate. Sean is an experienced litigator with more than 15 years of experience. He has a successful track record in state and federal court defending against claims for alleged violations of the Massachusetts Consumer Credit Cost Disclosure Act (MCCCDA), the Fair […]
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The Massachusetts Supreme Judicial Court (the “SJC” or the ‘Court”) recently issued a noteworthy decision in a case involving the rights of joint tenants and their heirs when one joint tenant passes away during a partition proceeding. The case of Brattle v. Howard arose out of a petition to partition filed in the Massachusetts Land […]
When it comes to home improvement, homeowners and contractors must have mutual trust and confidence. Homeowners deserve quality finished work, and contractors deserve prompt and fair payment. A written contract is one of the ways in which the parties can ensure a fair bargain and hold each other accountable. This article suggests a number of […]
Jon Friedmann will present at the Social Law Library’s three-part webinar series “Starting Your Practice—What You Need to Know!” this fall. The first session “Getting Started” will be held on October 6 and will focus on IOLTA accounts, practice management systems, calendar system, billing, document management solutions, website/social media presence, cloud systems, and malpractice insurance. […]
After a summary process trial before him (without a jury), a Superior Court judge recently held that a commercial landlord could not evict a tenant despite proving the tenant had repeatedly breached provisions in the lease because the breaches were not material. While the facts in making this decision were unique and specific to this […]
Bobby Rudolph recently represented a real estate developer in a civil lawsuit against its former project manager who was accused of stealing nearly $400,000 from his employer by paying fake subcontractor accounts on projects and then converting the funds into his personal bank account. Within days of discovering the theft by the employee, Bobby filed […]
Jon Friedmann recently represented Robert DeVoe as both trustee of R&M Realty Trust and individually in a case tried in the United States Bankruptcy Court for the District of Massachusetts (Lassman v. DeVoe, No. 18-01192, 2022). The case involved a commercial lease between Nouhad B. Bechara and Mona M. Bechara (“the debtors”) and R&M Realty […]
The Federal Arbitration Act (“FAA”), long a thorn in the side of employees who desire litigation, has now been limited by the expansion of its prominent exception. Before considering the expansion of the FAA’s exception, it is important to understand the FAA. Scope of the Federal Arbitration Act The FAA requires enforcement of arbitration agreements […]
A recent Massachusetts Land Court case examined the validity of a “two-tier” condominium project. This two-tier condominium approach is also referred to as a condominium within a condominium. A two-tier condominium is a condominium comprised of a primary condominium (the “Primary Condominium”), pursuant to which a landowner then creates one or more condominiums within and […]
The Massachusetts Supreme Judicial Court recently issued a noteworthy opinion regarding a property owners’ responsibility to remedy violations of the Wetlands Protection Act (the “Act”). The Court held that a local conservation commission may bring an enforcement action against a new property owner for up to three years following the property owners’ date of acquisition—even […]
