Testimony by videoconference in 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...
Month: September 2015
“Divorce Selfie” Explosion Bucks Trend of Damaging Use of Social Media in Family Law Cases
With the explosion of social media over the last decade, evidence from Facebook, Twitter, MySpace, and Instagram is now routinely used in divorce cases, shedding light upon critical factors such as a party's spending habits, irresponsible behavior, or failure to make...
Tenth Circuit Upholds Refusal to Stay Court Proceedings due to Arbitration Default
The Tenth Circuit Court of Appeals recently affirmed a district court's decision to lift the stay in federal proceedings due to the arbitrator's decision to terminate proceedings based on a party's failure to pay the arbitration fees. It reached this decision by...
Section 35A Imposes No Time Limit on Completion of Foreclosures
The statute providing borrowers with a right to cure mortgage payment defaults before acceleration and foreclosure can occur imposes no deadline on completion of foreclosure proceedings once commenced, according to two very recent Massachusetts decisions. G.L. c. 244,...
Partitioning Real Estate Owned By A Trust
Trustees sometimes face beneficiaries disagreeing about how to maintain real estate owned by a trust, such as a family vacation home. But does a trustee have standing to bring a partition action to sell Massachusetts real estate? Likely not. Under Massachusetts's...
Massachusetts Appeals Court Holds Operators of Commercial Campground Established Right to Un-Enclosed Land Through Adverse Possession
Under the doctrine of adverse possession, an individual, business, or group of individuals who have continuously used land owned by someone else for twenty years can make a claim that such use entitles the claimant to ownership of the property. To prevail on a claim...
Financial Stress and Divorce
Financial stress is often cited as a leading cause of divorce. Financial stress can have an extreme impact on a relationship. It can eventually wear away at the love and affection that one has for another because of how consuming the issue can be in someone's life -...
Appeals Court Favors Employee In Overtime Dispute
A recent Appeals Court decision should serve as a warning to employers about the importance of clarity in communications with employees concerning policies on overtime pay and timekeeping. In Vitale v. Reit Management & Research, LLC, 2015 WL 4946051 (2015), the...
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