A Massachusetts Attorney Is Suspended for Overbilling Clients
4/7/21
By: Nancy Reimer and Eleni Demestihas
In the Matter of [Attorney] (SJC 12850) the Massachusetts Supreme Judicial Court found the attorney not only charged excessive fees to multiple clients but did so intentionally over a matter of months. In 2015, …
Massachusetts SJC Restricts Standard of Causation in Cases Involving Multiple Tortfeasors
3/10/21
By: Marc Finkel
In a landmark decision, the Massachusetts Supreme Judicial Court (“SJC”) recently discontinued use of the substantial contributing factor standard of factual causation in matters where multiple sufficient causes of liability may exist amongst multiple defendants. In Doull v. …
No Control, No Duty Owed
1/13/21
By: Thomas Hay
In a Massachusetts trial court action, Timothy Lyons v. Phillip C. Farmer Development, Inc., Docket No. 1781-cv-01156, Freeman, Mathis & Gary, LLP prevailed on a motion for involuntary dismissal following the conclusion of the first civil …
Massachusetts Statute of Repose Applies One Building At a Time
12/22/20
By: David Slocum
The Massachusetts Supreme Judicial Court (the “SJC”) recently issued an important decision addressing the previously unanswered question of when the Massachusetts 6-year statute of repose for defective design, planning, or construction is triggered for purposes of alleged …
Slip and Fall Damages: A Changing Landscape For Residential Landlords In Massachusetts
9/2/20
By: Marc Finkel
In an important development for Massachusetts based residential landlords, the Massachusetts Supreme Judicial Court (“SJC”) recently narrowed the availability of certain claims tenants may bring against landlords for slip and falls arising out of the accumulation of …
Massachusetts’ Highest Court Rules No Double Recovery Allowed for Back Wages
8/5/20
By: Zinnia Khan
On July 14, 2020, the Supreme Judicial Court (“SJC”) of Massachusetts held employees cannot recover unpaid back wages under two different Massachusetts wage laws because doing so would amount to a double recovery with the same set …
Massachusetts Superior Court Rules Non-Compete Agreement Fully Enforceable Despite Minor Change in Job Duties Between Signing and Enforcement of Agreement
6/22/20
By: Janet Barringer and Zinnia Khan
The Massachusetts Superior Court’s recent decision in Now Business Intelligence, Inc. v. Sean Donahue, et al., held minor changes in an employee’s job duties will not create a “new employment contract” so as …
Massachusetts Highest Court Rules Benefit of the Bargain Damages Can Include Expectancy Loss in Value of Laboratory for Medical Researcher
6/16/20
By: Catherine Scott
It is a long-settled principle of contract law that an individual who seeks to recover damages under a broken contract will only be allowed to recover a figure sufficient to put that person in the place he or she would have been had the …
Law Firm Falls Victim To E-Mail Scam – Loses Appeal Following Allowance Of Summary Judgment
5/28/20
By: Marc Finkel
In 2019, the United States Treasury Department released statistics detailing the number of reported business email compromise incidents over a three- year period. The number of monthly incidents increased exponentially over those three years from approximately 500 …
Massachusetts Joins Jurisdictions Prohibiting Class-Wide Arbitration of Wage Claims Absent Agreement Expressly Permitting Class Actions
5/18/20
By: Kevin Kenneally, Janet Barringer and William Gildea
In a further blow to class action claimants and
lawyers, a Massachusetts Superior Court Judge recently ruled a car salesman
could not arbitrate Wage Act claims on behalf of coworkers absent …
Boston Implements New COVID-19 Safety Procedures for Construction Sites
5/13/20
By: Catherine Bednar
On May 5, 2020, the City of Boston activated new COVID-19 safety procedures for active construction sites, which are currently limited to projects meeting the City’s definition of emergency or essential work. The City also targeted dates …
Massachusetts Enacts Legislation Authorizing Virtual Notarization During COVID-19 State of Emergency
4/30/20
By: Jennifer Markowski
On April 27, 2020, Governor Baker signed into law An Act Providing for Virtual Notarization to Address Challenges Related to COVID-19 (the “Virtual Notarization Act” or the “Act”). In doing so, Massachusetts joins a number of other …