In the recent matter of Bellalta v. Zoning Board of Appeals of Brookline 481 Mass. 272 (2019), the Massachusetts Supreme Judicial Court (the “SJC”) ruled that a variance was not required for a homeowner to add a dormer to their roof (only a special permit) despite the additional living space increasing a nonconforming Floor Area […]
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Bobby Rudolph acted as local counsel to a California real estate developer who brought suit against two Massachusetts companies for breach of commercial leases for properties located in California. After a trial and judgment issuing in California, Bobby brought suit against the tenant and corporate guarantor of the commercial leases in Massachusetts to enforce the […]
A fee-shifting agreement requires the non-prevailing party in a legal matter to pay the legal fees and costs of the prevailing party. We previously highlighted Jon Friedmann’s victory in a complex foreclosure case, which resulted in a six-figure verdict for the firm’s client in a jury-waived trial. After the trial, the judge held a separate […]
The Massachusetts “Lemon Law,” G.L.c. 90, Section 7N ½, obligates an auto manufacturer or dealer to repair any “nonconformity” to express or implied warranties – in other words, any defect that substantially impairs a vehicle’s use, market value or safety – that arises within one year or 15,000 miles of the purchase of a new […]
by Adam Shafran On May 8, 2019, the Massachusetts Supreme Judicial Court issued what will likely be its most important employment-related decision of the year in the matter of Sullivan v. Sleepy’s LLC. In Sleepy’s, a decision that will impact all retail employers in the Commonwealth, the SJC held that retail employers may not use […]
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 […]
