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. §...
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Declaratory Judgment Suits Require a Private Right of Action
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...
“CORPORATE FAMILY LAW” AT FITCH: Business Litigators and Family Law Litigators: Learning from Each Other
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...
What happens when a buyer and a seller of a property negotiate past the purchase and sale deadline?
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...
Summer Internship Reflection: The Psychology of Law
By Alina C. HachigianThis summer I had the opportunity to intern with Fitch Law Partners. In addition to assisting attorneys with research and deposition preparations, over the course of the summer I was able to experience law outside the office as well. I traveled to...
What happens when a divorcing spouse actively misrepresents his or her income in the context of a child support or alimony analysis or tries to hide assets?
A recent Appeals Court case addressed that issue, affirming the trial court's judgment that found that the husband's misrepresentations about his income were egregious enough that the trial judge's use of discretion to attribute and impute income to the husband was...
Fitch Represents International Law Professors at the Supreme Court
Fitch attorney Jared Hubbard was at the Supreme Court this past November on behalf of a group of international law professors-including George Bermann of Columbia Law School and David Stewart of Georgetown Law School-who appeared as amici curiae (friends of the court)...
Condominium Boards and Fiduciary Duty: To Whom Does the Duty Extend?
Do you know what fiduciary duties your condominium board owes? And to whom the duty is owed? First, what, exactly, is a fiduciary duty? The nature of fiduciary duties depends on the nature of the relationship between the parties but, at its simplest, it is a duty of...
An Employer Cannot Retaliate Against an Employee for Filing a Lawsuit for a Workplace Injury
An employee who filed a workers' compensation claim for a workplace injury while she was a temporary worker may file a negligence lawsuit against the company even though the company became her employer after she received workers compensation benefits for the injury...
Can I relocate with my child after divorce?
If you're a parent of a minor child of divorce in Massachusetts, can you relocate to a different state or country with your child (an issue the courts call "removal")? Assuming no negotiated agreement to relocate with your co-parent (a preferred outcome in resolving...
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