In response to consumer complaints, in 1991 Congress passed the Telephone Consumer Protection Act (“TCPA”) to discourage and prevent unsolicited advertisement over telephone lines. The TCPA places restrictions on the use of automatic telephone dialing systems, both...
In a recent Rule 23 decision, McCrea v. Clayton, a panel of the Massachusetts Appeals Court vacated and remanded the lower court’s order denying Mother’s motion to alter or amend a modification judgment that required her to pay child support to Father because the...
In Granger v. Nesbitt, the District Court for the District of Massachusetts exercised its discretion to quash service instead of dismissing the case despite the plaintiff’s untimely and improper service on the Canadian defendants. The case involved a car accident that...
In American Family Life Assurance Company of Columbus v. Parker, the SJC ruled that a life insurance beneficiary designation naming an ex-spouse as beneficiary was revoked following the parties’ divorce by operation of law, pursuant to the Massachusetts Uniform...
In many divorces, the house is frequently sold during or shortly after the divorce. This is generally because one, or in some cases, two streams of income were sufficient to maintain the carrying costs on one household, but would be insufficient to maintain the...
The United States District Court for the District of Massachusetts has held that group text messages between plaintiffs and third parties are not protected from disclosure in discovery as “concerted activities for the purpose of collective bargaining or other mutual...
The United States Court of Appeals for the Second Circuit ruled on December 30, 2021 that litigation could proceed against certain foreign financial institutions. The decision overturned the ruling of the Southern District of New York. The case relates to the...
The general default rule in international law is that the lex arbitri—i.e., the law of the place where arbitration is to take place (the seat)—governs the arbitration and the arbitration clause, while the choice-of-law provision governs the substantive provisions of...
The First Circuit Court of Appeals recently clarified the standard District Courts in the circuit should be using to rule on motions to compel arbitration under the Federal Arbitration Act (“FAA”). In Air-Con, Inc. v. Daikin Applied Latin America, LLC, the First...
In the Fall of 2021, the U.S. House of Representatives once again passed the Safe and Fair Enforcement (SAFE) Banking Act, with joint support from both parties. And although the Senate has yet to sign off, last month, the bill had 40 co-sponsors therein. The SAFE...
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.
