On September 22, 2021, the Suffolk County Superior Court held a contractor would be compelled to arbitrate a dispute with its electrical subcontractor. The decision shows that by taking action consistent with an agreement to arbitrate—in this case arguing the merits...
Strabag SE, a large international construction company based in Austria was awarded construction contracts for two major road projects in Libya in 2003. In 2006, after Libya began requiring foreign construction firms to carry out their contracts in conjunction with a...
In Booth v. Booth, the Massachusetts Appeals Court vacated the Probate and Family Court’s decision to consider the Husband’s pension as a source of income for alimony purposes in the divorce, as well as the alimony award, and remanded. The parties were married for 35...
Invoking a doctrine called “direct benefits estoppel,” on July 8, 2021, the Supreme Judicial Court forced the New England Patriots to arbitrate a dispute with charter aircraft company Team 125, Inc. Under direct benefits estoppel, a signatory to an arbitration...
The United States District Court for the District of Massachusetts recently ruled that Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972 – both of which prohibit sex-based discrimination – are separate enforcement mechanisms an...
Given that the Pfizer COVID-19 vaccine has now been approved by the Food and Drug Administration for children above the age of 12, many divorced individuals with children in this age range may be wondering: What do I do if my co-parent and I disagree about whether our...
M.G.L.c. 260, § 2B, also known as a statute of repose, governs tort claims arising from improvements made to real property. The statute of repose was passed to protect providers “of individual expertise” in the business of planning, constructing, and administering...
The United States Court of Appeals for the Sixth Circuit, in a case spanning fourteen years, has held that consumers alleging a violation of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C.A. § 1681e(b), must allege actual harm to sue under the statute. A claim for...
The United States Court of Appeals for the Third Circuit has added to the growing body of law regarding what can and cannot appear on the envelope for a debt collection letter under the Fair Debt Collection Practices Act (“FDCPA”). The FDCPA, 15 U.S.C.A. §...
In Source One Financial Corporation v. Geico Indemnity Company (Memo and Order June 30, 2021), the United States District Court for the District of Massachusetts allowed the motion if Geico Indemnity Company, the defendant, to dismiss, determining that Source One...
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