Lawyers are governed by ethical rules and standards which are set forth in the Massachusetts Rules of Professional Conduct (“Rules”), as well as in substantive and procedural law. One of the Rules prohibits a lawyer from revealing “confidential information” relating to the representation of a client.
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by Robert P. Rudolph After a Massachusetts Superior Court jury returned a verdict in favor of the estate of a deceased sports pub patron in a wrongful death suit, the Appeals Court affirmed the judgment in favor of the estate and agreed that it was a question for the Court (not a question of fact […]
By Adam J. Shafran Class action waivers are becoming increasingly prevalent in employment contracts due to their ability to make it more difficult for employees to assert class action lawsuits against their employers. However, the question is – can employers reasonably expect a court to uphold such an agreement and require an employee to pursue […]
On November 10, 2016, Massachusetts Superior Court Judge Leila Kern awarded $4 million to Rudolph Friedmann clients’ Sameer Sabir and his wife Nadda Siddiqui for the wrongful death of their infant daughter Remah Sabir. The civil case was filed against Remah’s Irish nanny Aisling Brady McCarthy, who was initially indicted for murder, after the criminal […]
Is your company a single employer? Earlier this year, a Massachusetts Superior Court for the first time applied the “single integrated employer” theory of liability to a case involving a restaurant chain, ruling that employees from separately incorporated but related entities could bring a class action against each of the entities under the state Wage […]
Some seasoned landlord/tenant practitioners and even judges advise residential landlords to forego requesting security deposits from their tenants. Massachusetts law allows a landlord to require a tenant to pay at or prior to the commencement of a tenancy the first month’s rent, last month’s rent, a security deposit (equal to the first month’s rent), and […]
Unfortunately, the Massachusetts appellate courts have not directly decided the issue whether an employer can re-characterize an employee’s termination from “without cause” to “for cause” based on information learned after an employee’s termination. While the Massachusetts courts have had the opportunity to consider the issue, they have neither adopted nor rejected the doctrine.
by Adam J. Shafran On April 29, 2015, the U.S. Supreme Court approved and submitted to Congress proposed amendments to the Federal Rules of Civil Procedure (“FRCP”). The FRCP are the procedural rules which govern every civil lawsuit brought in any federal court in the United States. These amendments, which took effect on December 1, […]
In a case of first impression, the Housing Court for the City of Boston ruled that neighbors who appealed the issuance of a variance by the Zoning Board of Appeal (ZBA) must post a $20,000 bond or the case will be dismissed.
