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Month: April 2013

UCC Article 9 Damages Provisions Displace Common Law

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...

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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...

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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...

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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...

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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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