In a recent unpublished decision, reversing a Superior Court decision, the Massachusetts Appeals Court concluded that certain agreements did not constitute “contracts of employment” and, therefore, were subject to the Federal Arbitration Act (FAA). In Cuneo v....
The Massachusetts Appeals Court recently held in the case of Kettle Brook Lofts, LLC v. Stacy Specht, that a condominium’s master deed and the Massachusetts condominium statute, G.L. c. 183A, invalidated a developer’s attempts to unilaterally extend its time to...
It is not uncommon for parties to a contract to decide which law will govern their contractual relationship, by including a choice of law provision in the contract. There are some significant differences between state laws: for example, the statute of limitations for...
On September 22, 2021, the Suffolk County Superior Court held a contractor would be compelled to arbitrate a dispute with its electrical subcontractor. The decision shows that by taking action consistent with an agreement to arbitrate—in this case arguing the merits...
Strabag SE, a large international construction company based in Austria was awarded construction contracts for two major road projects in Libya in 2003. In 2006, after Libya began requiring foreign construction firms to carry out their contracts in conjunction with a...
In Booth v. Booth, the Massachusetts Appeals Court vacated the Probate and Family Court’s decision to consider the Husband’s pension as a source of income for alimony purposes in the divorce, as well as the alimony award, and remanded. The parties were married for 35...
Invoking a doctrine called “direct benefits estoppel,” on July 8, 2021, the Supreme Judicial Court forced the New England Patriots to arbitrate a dispute with charter aircraft company Team 125, Inc. Under direct benefits estoppel, a signatory to an arbitration...
The United States District Court for the District of Massachusetts recently ruled that Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972 – both of which prohibit sex-based discrimination – are separate enforcement mechanisms an...
Given that the Pfizer COVID-19 vaccine has now been approved by the Food and Drug Administration for children above the age of 12, many divorced individuals with children in this age range may be wondering: What do I do if my co-parent and I disagree about whether our...
M.G.L.c. 260, § 2B, also known as a statute of repose, governs tort claims arising from improvements made to real property. The statute of repose was passed to protect providers “of individual expertise” in the business of planning, constructing, and administering...
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