A Massachusetts state senator has filed a bill that could prohibit a divorcing parent from having sex in his or her own home. The bill states: "In divorce, separate, or 209A proceedings involving children and a marital home, the party remaining in the home shall not...
Month: April 2014
Massachusetts Partition Actions: Division of Sale Proceeds
Massachusetts partition actions do not always end with the court-ordered sale of the real estate in question. After a property being partitioned is sold, the proceeds of the sale must be divided between the co-owners. The law presumes that the proceeds should be...
Supreme Court Breathes New Life Into $185M Arbitration Award Against Argentina
BG Group plc won a major victory at the U.S. Supreme Court last month when the Court upheld an arbitration award requiring Argentina to pay BG Group more than $185 million. The case is yet another example of the deference that arbitration awards receive in U.S....
RICO Claims By Government Agencies Against MERS Fail
The United States Court of Appeals for the 5th Circuit has held that government land recording offices cannot state a claim under the federal RICO statutes for loss of revenue due to fewer filing fee revenues or for allegedly inaccurate records. Welborn v. Bank of...
New MA Domestic Violence Bill
With unanimous approval, members of the Massachusetts House of Representatives recently advanced An Act relative to domestic violence, new legislation aimed at preventing domestic violence (the "Act"). Said to be driven by the high profile case of Jared Remy, who is...
Electronic Submissions to the Appeals Court
The Massachusetts Appeals Court requires some pleadings to be filed electronically, rather than through hard copy. Although the Standing Order concerning electronic filings has been effective for nearly three years, it is still a confusing process that is ripe for...
Working into Arbitration: Binding Arbitration Pursuant to Employee Handbooks
Employers and employees everywhere should check their employee handbooks - if it has an arbitration provision, it is likely any disputes between the two will take place in arbitration rather than in court. In a recent decision, Daniels v. Raymours Furniture Company,...
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