Fitch Law Partners LLP
Excellence in Complex Litigation

January 2018 Archives

Fiduciary Litigation Pilot Project Provides Streamlined and Specialized Venue for Probate Litigation

One of the first questions that any attorney and potential litigant must consider when deciding whether to file a lawsuit is where to bring the case. Since November 2017, potential probate litigants in three Massachusetts counties have a new venue to consider, the Fiduciary Litigation Session, or "FLS", at the Norfolk Division of the Probate and Family Court in Canton, Massachusetts. The parameters of the FLS are outlined in Probate and Family Court Standing Order 3-17. Borrowing elements of the successful Business Litigation Session at the Suffolk Superior Court,, the FLS's goal is "to provide a specialized forum for the speedy resolution of contested and complex probate litigation cases and to provide individualized and collaborative case management to reduce the costs associated with fiduciary litigation."

Web-Based Dialing System Does Not Violate TCPA Prohibitions on Use of Automatic Telephone Dialing Systems

The United States District Court for the Northern District of Illinois has found that a debt collector's use of a web-based dialing system to contact an individual's cell phone without permission does not violate the Telephone Consumer Protection Act's ("TCPA"), 47 U.S.C. ยง 227, prohibition on the use of Automatic Telephone Dialing Systems ("ATDS").  The plaintiff in Arora v. Transworld Systems Inc., 2017 WL 3620742 (N.D. Ill. Aug. 23, 2017) alleged that Transworld System Inc.'s ("Transworld") calls to his cell phone without his consent constituted prohibited use of an ATDS pursuant to the TCPA.

The Pregnant Workers Fairness Act: Recommendations for Employers

On April 1, 2018, the Pregnant Workers Fairness Act (the "Act") takes effect. The Act amends Massachusetts' anti-discrimination law, G.L. c. 151B, which applies to employers with six or more employees, to now include pregnancy and related conditions as protected categories. The Act requires employers to provide "reasonable accommodations" for pregnancy and related conditions, including breastfeeding and the need to express breast milk, so long as the accommodations do not cause the employer "undue hardship."

Tax Reform Bill Eliminates the Alimony Deduction

The new tax reform bill (, which was signed into law on December 22, 2017, eliminates ( the tax deduction for alimony payments for separation agreements and divorces obtained after December 31, 2018.

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