Articles XII and XV of the Massachusetts Constitution guarantee the right to a trial by jury, but the choice of whether to exercise that right is a strategic decision that often depends upon the facts and circumstances of a case. A case where the judge serves as...
Massachusetts General Laws Chapter 93A, § 2 ("Chapter 93A") states: "Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful." From that simple statement, numerous acts and practices...
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 Land Court Department of the Massachusetts Trial Court exists, in part, because issues involving title, easements, and the various other rights in property are complex enough that judges with special expertise are preferable. The Land Court's limited jurisdiction,...
"The litigation process is -- or should be -- a search for the truth." So said a Superior Court judge recently in an opinion allowing a motion to take audiovisual depositions. See Littlewood v. Fed. Realty Investment Trust, et al., 2014 WL 6712468, *1-2 (Mass. Super....
How should counsel and parties prepare for the mediation of a business litigation case? For counsel, the process of mediation requires an entirely different mindset and style than he or she is accustomed to in court proceedings. In fact, a common mistake that...
As a foreign attorney representing a party whose business dispute is governed by Massachusetts law, you might want to learn about the rights available under the consumer protection statute in Massachusetts, M.G.L. c. 93A. Massachusetts General Laws c. 93A, § 2 (a)...
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