In a case handed down just last month, the Supreme Judicial Court reinforced the long-standing rule that provisions of the Uniform Commercial Code (the "UCC") displace common law principles that would otherwise apply in contexts not governed by the UCC. In Reading...
Month: April 2013
The Burgeoning International Arbitration Field in Southeast Asia
As more and more nations strive to cut themselves a piece of the international arbitration pie, Southeast Asia is a perfect example of a region where countries are looking to broaden their presence in the field of international arbitration. Recently, the Singapore...
Adverse Possession: Can My Neighbor Really Take My Land?
Good fences make good neighbors. Unless, of course, the fence sits beyond the recorded lot line and the landowner who is now enjoying a somewhat larger piece of property than is reflected on his or her deed claims title to the extra strip of land on his or her side of...
GAL Consultants
Custody, visitation and removal cases are often decided based on the investigation and/or evaluation of a court-appointed Guardian ad Litem ("GAL"). GAL Consultants can help clients navigate the process. Probate and Family Court Judges are empowered to appoint a GAL...
Australian High Court Clears the Way for Enforcement of Arbitral Awards
One of the questions that is most often asked by clients is whether or not an award issued international arbitration - which is a private vehicle for dispute resolution - is enforceable and whether collection can be guaranteed to the fullest extent of the law. In...
How Long Will My Appeal Take?
A party must act quickly to appeal an adverse judgment. Rule 3(a) of the Massachusetts Rules of Appellate Procedure requires that a Notice of Appeal be filed within 30 days with the clerk of the lower court. This is the most important deadline of the appellate...
When Must An Employer Make A Reasonable Accommodation For An Employee’s Disability?
Most employers know that they have a duty to make a reasonable accommodation for an employee's disability or job restriction, but what that actually means in practice can be confusing. Statutes that require such accommodation are the Americans with Disabilities Act...
International Arbitration: Hearing Testimony by Videoconference
Testimony by videoconference international arbitration offers the disputants both a fair means for assuring that relevant evidence is heard and an effective tool for cost reduction. It is hardly surprising that lawyers frequently encounter challenges in obtaining the...
Modification of Child Support: What legal standard should be applied in a child support modification action?
On March 12, 2013, the Supreme Judicial Court ("SJC") in Morales v. Morales - SJC-11104 ruled that a divorced parent need not prove the widely recognized legal standard of "material and substantial change in circumstance" in order to modify a child support order in...
Bank Not Liable to Customer’s Employee for Negligence
A bank is not liable to its customer's employee, who was fired for negligence with respect to the employer's deposits, the Appellate Division recently held in Dennen v. TD Bank Gloucester, 2013 WL 865318 (2013). Plaintiff Frederic Dennen sued TD Bank after being fired...
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