In 2017, the Consumer Financial Protection Bureau promulgated the Payday Lending Rule, aimed at high-interest consumer loans that are typically due in full within a short term, sometimes as soon as the borrower’s next paycheck. The rule has been hotly contested by...
On October 7, 2024, the Massachusetts Senate passed legislation to bring Massachusetts into conformity with all other states and adopt a form of the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA). The UCCJEA was drafted in 1997 by the National Conference...
On January 1, 2025, Massachusetts Governor Maura Healey signed into law a new act that will significantly impact the operation of peer-to-peer (P2P) payment applications (such as Venmo and PayPal) within the Commonwealth. The act amends the General Laws of...
First Circuit Rejects Argument that Discrete Incidents of Harassment Were Part of a “Continuing Violation” Discrimination on the basis of disability in the workplace is illegal under both Federal and State law in Massachusetts. Employers are required to make...
Freddie Mac Not Liable for Unauthorized Actions of Mortgage Servicers The United States District Court for the Western District of Washington, citing the Merrill doctrine, has held that the Federal Home Loan Mortgage Corp., more commonly known as Freddie Mac, cannot...
When parties enter into a contract, they may choose to determine in advance how much money should be paid in the event one of the parties breaches the contract. That amount is identified in a liquidated damages provision. However, not every liquidated damages...
On August 9, 2024, Governor Maura Healey signed An Act to Ensure Legal Parentage Equality, or the Massachusetts Parenting Act (MPA), marking the first update to Massachusetts parentage laws in 40 years. Effective as of January 1, 2025, the MPA will modernize the...
The United States Court of Appeals for the Seventh Circuit has joined the Fifth and Ninth Circuits in holding that a federal court does not have authority to order a party not only to arbitrate a dispute, but also to pay the associated fees for the filed arbitration....
In Fannie Mae v. Branch, after a long and complicated litigation involving two Appeals Court decisions, the SJC recently ruled that an appeal of a summary process (i.e., eviction) claim was not rendered moot by a bidder’s transfer of its interests in the property at...
SJC Upholds Clickwrap Agreement to Arbitrate Earlier this year, a posting in The Fitch Briefs previewed an issue before the Massachusetts Supreme Judicial Court (“SJC”) concerning clickwrap agreements – specifically, whether an online Uber clickwrap agreement to...
Fitch Law Partners LLP reports news and insights on complex litigation topics. Clients, colleagues and friends may receive The Fitch Briefs by signing up here.