On December 7, the Ninth Circuit Court of Appeals is scheduled to hear oral argument in a case of particular relevance to employers who use arbitration to resolve disputes with employees. The case, Chamber of Commerce of the U.S. v. Becerra, considers whether states...
Year: 2020
A Zero is Something: The Massachusetts Appeals Court Concludes that a Divorce Judgment Provided for a “Zero-Dollar Alimony Award”
People often think about the number zero as only nothing, when in fact, the invention of the humble zero constantly forces us to realize that the absence of something is a thing in and of itself. In a recent decision, the Massachusetts Appeals Court changed the...
Because The Montreal Convention Preempts All Local Claims That Fall Within Its Scope
The liability of aircraft carriers is governed by the Convention for the Unification of Certain Rules for International Carriage by Air, May 28, 1999, S. Treaty Doc. No. 106-45 (2000) (the "Montreal Convention"), a multilateral treaty to which the United States is a...
Can a judge grant a deviation from the durational alimony limits when a complaint for modification of alimony is filed after the presumptive alimony durational limit has already expired?
The Appeals Court addressed this issue in the recent case, Clement v. Owens-Clement. In that case, the Husband and the Wife were married for a total of six years before they divorced in 2013. The parties' separation agreement, which was incorporated into their divorce...
Can a Judge Order a Party to a Divorce to Get a Job?
In a recent decision by the Appeals Court of Massachusetts - albeit under Rule 23, so it is not considered binding precedent though it can be cited for persuasive purposes - the Court overturned a portion of a divorce judgment that required the Wife, who would be...
Eviction & Foreclosure Moratorium Expires Amid Rising COVID Infections
On April 20, 2020, Massachusetts Governor Baker signed into law An Act Providing for a Moratorium on Evictions and Foreclosures During the COVID-19 Emergency. The moratorium was originally set to expire on August 18, 2020, but Governor Baker had previously extended...
Office of the Comptroller of the Currency Issues “True Lender” Rule
While federal law permits national banks to transfer loans and assign mortgage loan contracts to third-party lenders, courts across the country have sometimes struggled, when loans are challenged in litigation, to determine which entity legally made the loan. This...
Party Who Successfully Disputed Being Party to Mortgage Cannot Claim Rights Under Disavowed Mortgage to Challenge Foreclosure
The Massachusetts Appeals Court ("Appeals Court"), in an unpublished opinion, has held that where an alleged mortgagor has successfully argued that she is not party to a mortgage, she cannot later challenge a foreclosure of that mortgage on the grounds that the...
Supreme Judicial Court Holds Prescriptive Easement Does Not Amount to a Taking
The Supreme Judicial Court ("SJC") recently held that a government taking did not occur where a town had acquired a prescriptive easement to discharge storm water through private property. In Gentili v. Town of Sturbridge, Plaintiffs commenced an action in 2015 in the...
Advantages to International Arbitration: Enforceability
In prior posts here at FITCH, we have discussed some of the reasons that parties choose international arbitration over litigation for their cross-border disputes. Over the next few months, we will be taking a deeper dive into the advantages of international...
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