A dispute between New Balance and its Peruvian distributor recently gave the U.S. Court of Appeals for the First Circuit reason to consider whether Massachusetts law would compel nonsignatories to comply with the arbitration clauses of other entities. In the case...
For individuals seeking to discharge debt through bankruptcy, student loans are unique in that they require a bankruptcy court’s determination that payment of said loans would impose an undue hardship on the debtor and the debtor’s dependents. 11 U.S.C. § 523(a)(8)....
In J.D.M. v. J.A.M. (April 12, 2023, Rule 23.0 Decision), the Massachusetts Appeals Court vacated the Probate and Family Court’s judgment of civil contempt and remanded. Pursuant to the parties’ divorce judgment, mother had primary physical custody of the minor...
The United States Court of Appeals for the Second Circuit has upheld the grant of service awards totaling nearly one-million dollars to eight lead plaintiffs in a class action against Visa, Inc. and Mastercard, Inc., while at the same time stating its view that such...
In Villoldo v. Republic of Cuba, the Plaintiffs, two brothers, sought enforcement via the U.S. District Court in Colorado (“District Court”) under the Foreign Sovereign Immunities Act (“FSIA”) of a multi-billion-dollar money judgment previously awarded by a Florida...
Unlike many states, Massachusetts has not defined assets that would be considered “non-marital” or “separate” property. Therefore, there are several considerations that you need to discuss with your attorney when considering inherited assets: Contribution and source...
The United States District Court for the District of New Jersey has held that a credit union is not liable for transactions that were fraudulently initiated but then authorized by the account holder. The Court found that while the transactions may have been...
Adopted in 1975, the Massachusetts Zoning Act (“Zoning Act”) provides a set of statewide standards that govern municipalities’ promulgation and enforcement of zoning regulations. Yet for homeowners looking to renovate, the Zoning Act can make it easier than one would...
Cases in which companies are hacked or otherwise duped into making wire transfers are on the rise. To recover their losses, companies have increasingly resorted to litigation against the banks that receive the allegedly improperly wired funds. Their efforts have...
Following the United States Supreme Court decision in ZF Auto. US, Inc. v. Luxshare, Ltd. (“ZF Auto”), where the Supreme Court found that 28 U.S.C. § 1782 (“§ 1782”) did not apply to private international tribunals, the question has remained whether certain...
Fitch Law Partners LLP reports news and insights on complex litigation topics. Clients, colleagues and friends may receive The Fitch Briefs by signing up here.
