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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 […]

This case involves a dispute between a borrower, a purported lender and the purported lender’s funder regarding a commercial loan, and the aftermath caused by the borrower’s default on the loan. The borrower brought claims against the purported lender and the lender’s funder, for unfair business practices and violation of the Massachusetts anti-usury statute. RF […]

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 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 […]

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 In this fast-paced world, where many people are more likely to send a text message than an e-mail or handwritten letter, a case before the Massachusetts Land Court, St. John’s Holdings, LLC v. Two Electronics, LLC, reminds us of the perils of doing so. A potential purchaser of real estate was […]

The landlord in this recent Massachusetts Appeals Court case owns a commercial condominium unit in a mixed-use condominium complex with mostly residential units. The condominium’s parking areas contain a total of 91 parking spaces, some exclusive (i.e., assigned to a particular unit), but most (66 spaces) are non-exclusive common areas (i.e., available to visitors, owners, […]

Rudolph Friedmann partner Jonathon Friedmann was successful in overturning a summary judgment motion and damages in the amount of $865,000 against a client sued for fraud and deceit in regards to a lease he executed with Copley Place Associates (Copley). Jonathon took over representation of the client after the summary judgment award was issued by […]

Rudolph Friedmann partner Jonathon Friedmann recently represented a developer and his wife in a five-day jury trial in Barnstable Superior Court. The complex litigation involved nine counts against the firm’s clients, including fraud, negligent misrepresentation, unfair and deceptive practices, civil conspiracy, breach of fiduciary duty, breach of contract and Chapter 93A violations, which would have […]

Under the Massachusetts condominium statute, the organization of unit owners, i.e., the condominium association, has a lien on each condominium unit for the unpaid common expense assessment levied against each unit from the time the assessment becomes due. This lien has priority over all existing mortgages, except that the priority over first mortgages is limited […]

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