It’s Monday morning and you log onto Facebook. You expect to see the usual litany of pet pictures, bland status updates and requests for where to find the best Chinese food in your community. Instead, there is a post on the community “Moms” page with over 57 comments. There is a rumor of a threat […]
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In the Supreme Judicial Court case of James B. Nutter & Company vs. Estate of Murphy, et. al. (and two consolidated cases) dated January 18, 2018, the SJC had to decide if the language in a reverse mortgage incorporated the statutory power of sale as required by M.G.L c. 183, sec. 21 allowing the lender […]
by Robert P. Rudolph Where the plaintiff employee in Yarph v. Bowden Hospitality Newton LLC, et al. sought to add both the limited liability company that gave a hotel owner a license to do business and the LLC’s parent company to a lawsuit claiming that the hotel violated the Massachusetts Tips Act, the Business Litigation […]
Robert Rudolph and Adam Shafran present “Do This, Not That: Navigating Complex Legal Employment Issues in the Construction Industry” on Wednesday, November 8 at 7:30 am at the Gould Construction Institute. The program will be held at 100 Unicorn Park Drive in Woburn, MA. Register for the event here.
Jon Friedmann recently represented a manufacturing company and its owner in a contract dispute with a broker. The broker was hired to sell the manufacturing company’s assets and our clients were later sued by the broker who argued he was entitled to a commission under the terms of the contract. The owner maintained the broker […]
by Adam. J. Shafran In a recent class action law suit brought by employees of a security company, the Massachusetts Superior Court described the legal standard to be applied when determining whether a thirty-minute meal break constitutes compensable working time. In this case brought under the Massachusetts Wage Act, the employer Longwood Security Services Inc. […]
by George Georgountzos For nearly two decades, Massachusetts law has protected individuals who exercise their First Amendment rights to petition from litigation meant to harass and discourage them from such activity. Over the years, Strategic Litigation Against Public Participation (or “SLAPP”) jurisprudence has blossomed, affording protection to individuals who make public statements from lawsuits by […]
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 […]
The motto, “The customer is always right,” was popularized by innovators in the retail industry in the early 20th Century. However, the slogan is rarely used in the construction industry — and for good reason. The customer’s desires and expectations when it comes to building or renovating their home are often unrealistic or untenable. It […]
As a general rule in Massachusetts, an action may not be brought against a person on a promise to answer for (that is, to guarantee) the debt of another unless “the promise, contract or agreement upon which [the] action is brought . . . is in writing and signed by the party to be charged […]
