When parties enter into a contract, they may choose to determine in advance how much money should be paid in the event one of the parties breaches the contract. That amount is identified in a liquidated damages provision. However, not every liquidated damages...
On August 9, 2024, Governor Maura Healey signed An Act to Ensure Legal Parentage Equality, or the Massachusetts Parenting Act (MPA), marking the first update to Massachusetts parentage laws in 40 years. Effective as of January 1, 2025, the MPA will modernize the...
The United States Court of Appeals for the Seventh Circuit has joined the Fifth and Ninth Circuits in holding that a federal court does not have authority to order a party not only to arbitrate a dispute, but also to pay the associated fees for the filed arbitration....
In a recent ruling, the Land Court found that a series of email exchanges between parties did not establish a meeting of the minds and an intent to form an enforceable agreement, and therefore the email exchanges could not satisfy the Statute of Frauds. Boulay v....
In real estate, land use, and environmental cases, experts can often make or break your case. Once hired, experts are usually involved at every stage of the litigation. One of the first things an expert should do is visit the site to gain firsthand knowledge of the...
The Eleventh Circuit Court of Appeals recently denied vacatur and confirmed an arbitration award despite the non-prevailing party’s allegations that the arbitral tribunal members failed to disclose that they had been seated with one another on other, unrelated...
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...
This post is part one in a series aimed at helping business litigation and family law litigation attorneys expand their arsenal of strategies for helping clients resolve their disputes. To the casual observer, the practice of business litigation and the practice of...
The Massachusetts Appeals Court recently issued an opinion in Ferguson v. Maxim, finding that the parties' offer agreement to purchase a property was enforceable even though the parties failed to timely execute the purchase and sale agreement (which, Defendants had...
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