Alternative dispute resolution is rightly gaining steam as an efficient, fair mechanism for the resolution of complex business disputes. Many companies are redrafting their standard-form contracts to include mandatory arbitration clauses. This is particularly true for...
A recent SJC decision illustrates the unfortunate position in which a party may find itself when it fails to file an appeal but finds itself before an appellate court nonetheless as a result of an appeal filed by the opposing party. In Town of Athol v. Professional...
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...
The Supreme Court of the United States issued a recent decision answering the question of whether an appeal period begins after a court determines the merits of the case or after it awards attorney's fees and costs.In Haluch Gravel Co. et al. v. Central Pension Fund...
I recently attended a continuing legal education seminar where the Clerk of the Massachusetts Appeals Court, Joseph Stanton, provided useful information concerning post-oral argument letters, often described as "16L Letters." "16L Letters" originate from Rule 16(l) of...
Why should you hire an appellate attorney? You may be happy with your trial counsel, having already worked and developed a good relationship with your trial counsel for months or perhaps years. Plus, your trial counsel already knows the facts of your case. There are,...
Often attorneys and clients think of the appeals process as an abyss - a long, uncertain process where they wait many months (or years) for a final resolution of their legal case. Although a typical trip to the Massachusetts Appeals Court is by no means quick, the...
