On June 15, the Supreme Court in Golan v. Saada resolved a circuit split regarding the application of the “grave risk” exception under the Hague Convention on the Civil Aspects of International Child Abduction (“Hague Convention”). Adopted in 1980 and ratified by over...
Blog
Employer Ordered to Pay Treble Damages For Late Payment of Wages, Pursuant to Massachusetts Wage Act
The Massachusetts Supreme Judicial Court recently ruled that an employer who failed to pay a discharged employee for accrued unused vacation time until three weeks after the date of her discharge violated the Massachusetts Wage Act. The Court held that the employer...
Statute of Frauds Does Not Require Written Contract to Pay for Services of Licensed Real Estate Broker
The Massachusetts Appeals Court has held that the Statute of Frauds does not require that a contract to pay for the services of a licensed real estate broker be in writing, in Huang v. RE/Max Leading Edge, et al. The Court found that if the broker could prove the...
Granting A New Lease On Life To A Multi-Year, Multi-Court Mortgage Conflict, The First Circuit Permits Homeowners Limited Rule 56(D) Discovery
The conflict in Emigrant Residential LLC v. Pinti (“Pinti III”) began when two homeowners defaulted on the mortgage for their Cambridge condominium and failed to cure the default. During this time, ownership of the mortgage and the note changed hands multiple times....
How do I establish the value of my house in a divorce?
In many cases, a parcel of real estate will need to be valued for purposes of a divorce. This almost always occurs when one spouse wants to retain the marital home or another piece of land. The question then becomes, what value is going to be established for the house...
Due Process Safeguards Are Required When Parental Termination Cases Are Heard on Zoom
Due to COVID-19, the Massachusetts court system has relied heavily on online video conferencing platforms, like Zoom. A recent decision by the Supreme Judicial Court (SJC), Adoption of Patty (decided May 9, 2022), overturned a trial court’s termination of a mother’s...
SCOTUS Holds Section 1782 Does Not Apply to Private International Arbitral Tribunals
In a case anticipated by international arbitration practitioners, the United States Supreme Court unanimously held that only governmental or intergovernmental adjudicative bodies, not private adjudicative bodies, constitute “foreign or international tribunals” under...
Can the Holder of a Life Estate Interest Pursue a Petition for Partition?
The answer is: it depends. The statute governing partition actions, M.G.L. c. 241, authorizes the holder of a life estate to file a petition for partition. For example, when two siblings hold concurrent life estates, their interest can be partitioned from each other....
Supreme Judicial Court Concludes That Anti-SLAPP Statute Does Not Apply to Civil Enforcement Actions By the Attorney General
In a recent decision, affirming the Superior Court, the Supreme Judicial Court concluded that civil enforcement actions filed by the Attorney General are not subject to the constraints of G. L. c. 213, § 59H, also known as the anti-SLAPP statute. In Commonwealth v....
Why Boston for International Arbitration?
Boston is known as the “Hub” for a reason and, in recent years, Boston has become the world’s top biotech hub, with over 1,000 biotech companies calling the Greater Boston area home. Boston also is a world-renowned educational hub, with over one hundred colleges and...
Sign Up for the Fitch Briefs
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.