In Aja v. Select Portfolio Servicing, Inc. (Memo and Order, November 25, 2020), the United States District Court for the District of Massachusetts allowed Select Portfolio Servicing, Inc.'s and Wells Fargo Bank's ("Defendants") motion to dismiss the amended complaint...
Month: March 2021
First Circuit Reverses District Court’s Grant of Summary Judgment
In Dahua Technology USA, Inc. v. Zhang, the First Circuit U.S. Court of Appeals reversed the District Court’s grant of summary judgment in favor of the Plaintiff-employer, Dahua Technology USA Inc. The District Court had ordered the reformation of the severance...
In disability discrimination lawsuit, former employee held bound by inconsistent statement made in Social Security Disability benefits application
Under the principle of judicial estoppel, a party to a lawsuit is precluded from asserting a claim that is inconsistent with a prior statement or position. In Thompson v. Gold Medal Bakery, Inc., the First Circuit recently applied this principle in the context of a...
Banks Challenge Oregon’s COVID Foreclosure Moratorium
A group of Oregon banks and banking organizations have come together to challenge the legality of that state's emergency COVD-19 banking regulations. Enacted on June 30, 2020 and in effect until it expired on December 31, Oregon's House Bill (HB) 4204 placed...
Can a savings clause save an indemnification provision that would otherwise be void under M.G.L. c. 149, § 29C?
The U.S. District Court for the District of Massachusetts addressed this issue in a recent order on a motion in limine in the case Lennar Northeast Properties, Inc. d/b/a Lenna Northeast Urban, and Lennar Hingham Holdings, LLC v. Barton Partners Architects Planners...
Virtual Arbitration After COVID
The world has grown more accustomed to doing business virtually during the COVID-19 pandemic. As the vaccine rollout progresses, and businesses and lawyers ponder a future post-pandemic, the question arises: what permanent changes to the business world will this...
The Impact of Social Security Disability Insurance (SSDI) Benefits on Child Support
Pursuant to the 2018 Child Support Guidelines, "[i]f a parent receives social security benefits or SSDI benefits and the children of the parties receive a dependency benefit derived from that parent's benefit, the amount of the dependency benefit shall be added to the...
Circuit Split Grows on Benign Language Exception for Debt Collection Envelopes
The United States Court of Appeals for the Sixth Circuit has joined the split from holdings by the Fifth and Eighth Circuits regarding a "benign language" exception for debt collection letters. The Sixth Circuit instead joined with the Seventh Circuit in holding that...
Lack of Testamentary Capacity in Massachusetts Will Contests
Showing a lack of testamentary capacity in Massachusetts will and trust litigation is not easy. In Joseph A. Haddad, et. al. v. Marcel A. Haddad, et. al., the Massachusetts Appeals Court recently reversed a decision by the Massachusetts Superior Court by finding that...
Superior Court Sheds Light on the Application of Frustration of Purpose Doctrine During the COVID-19 Pandemic
In the recent case of UNMV 205-207 Newbury, LLC v. Caffé Nero Americas, Inc., the Suffolk County Superior Court weighed in on the applicability of the frustration of purpose doctrine in connection with a commercial lease. In this specific case, the tenant ("Caffé...
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