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An old adage that hardy New Englanders have grown up hearing holds that if you do not like the weather conditions around here, “just wait a day or two and they will change.” A recently issued Massachusetts Superior Court decision has called into question a legal doctrine that has long shielded premises owners from liability […]

Condo Unit Owner Not Responsible for Special Assessment Bobby Rudolph obtained a unanimous decision from the Massachusetts Court of Appeals affirming judgment in favor of RF’s client, a condominium owner, who was improperly assessed a portion of the cost to demolish and rebuild the condominium building’s parking garage. The parking garage, located behind the building, […]

by Adam Shafran In a recent case out of the U.S. District Court for the District of Massachusetts, a judge found an employer in contempt of a protective order after the employer fired one of its employees for testifying against the employer in his deposition.

On September 7, 2018, the Chief Justice of Massachusetts’ highest court issued an opinion consequential for Massachusetts employers with out-of-state employees (Oxford Glob. Res., LLC v. Hernandez). In declaring a Massachusetts noncompete void as against California public policy, Oxford signals to Massachusetts employers that, in certain circumstances, the dual interests of out-of-state employees and limiting […]

by Adam Shafran Class action wage and hour and other similar employment class action lawsuits are more prevalent than ever, particularly in Massachusetts, which has some of the strongest pro-employee laws in the country. A decision from the Massachusetts Business Litigation Session demonstrates that employers faced with a class action lawsuit must be careful how […]

by George Georgountzos A lease functions as the basis of the contractual agreement between the landlord and tenant, outlining the parties’ obligations to each other. When disputes arise, parties, counsel and courts look to the lease as the starting point in determining what the parties agreed to and whether there has been a breach. Peculiar […]

by Adam J. Shafran On May 21, 2018, in a highly anticipated 5-4 decision, the United States Supreme Court ruled that class action waivers in employment arbitration agreements prohibiting employees from bringing class action lawsuits are enforceable and do not violate the National Labor Relations Act. The decision in Epic Systems Corporation v. Lewis maintains […]

by George Georgountzos A common provision in condominium documents for new construction projects is language protecting the developer from potential lawsuits for defects in common areas and facilities. This limits individual lawsuits by single or minority disgruntled unit owners, but such protections are not limitless. A recent Supreme Judicial Court (SJC) decision, Cambridge Point Condominium […]

Social media is ubiquitous and constantly evolving. My Space, Live Journal and Napster have been replaced by Facebook, Instagram and Twitter. It is important to be aware of your digital footprint and what information can be subjected to discovery in Massachusetts.

by Robert P. Rudolph A recent ruling by the U.S. District Court for the District of Massachusetts indicates that, depending on the circumstances, the longtime practice of placing an employee on paid administrative leave during an investigation may constitute a materially adverse employment action sufficient to establish a claim for unlawful retaliation.

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