In a recent decision by the Appeals Court of Massachusetts, Gomes v. Candido, the court clarified the standard that is used when two parents disagree about their child’s surname. In the trial court, the parents, who were unmarried but in a relationship when the twin...
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Update: President Biden Signs Joint Congressional Resolution Striking Down “True Lender” Rule
In late 2020, the Office of the Comptroller of the Currency (OCC) issued the “true lender” rule, which was immediately met with criticism. Shortly thereafter, several State Attorneys General, led by New York Attorney General Letitia James, sued the OCC seeking to...
Food Fight: Ioan Micula, et. al. v. Romania
In Ioan Micula, et. al. v. Romania, Swedish food industry brothers Viorel and Ioan Micula asked the United States District Court for the District of Columbia to affirm a federal judge’s ruling ordering Romania to pay the remaining balance of $96 million on a $356...
D.C. Circuit Court of Appeals Affirms Dismissal Under Foreign Sovereign Immunities Act of Claims Against Ukraine by Ukrainian Nationals and Their American Business Partners
The United States Court of Appeals for the District of Columbia (“the D.C. Circuit”) recently affirmed the dismissal of claims brought against the Ukrainian government by Ukrainian nationals and their American business partners in the case of Ivanenko v. Yanukovich....
SJC Concludes That Short-Term Rental Homeowner’s Duty Did Not Extend to Protecting Decedent from Harm Caused by Third Party
Over Memorial Day weekend in 2016, the defendant rented out his property to Woody Victor and five friends for what was supposed to be a college reunion party. Instead, the pool party attracted over one hundred attendees and around 3 AM, the police received a report...
Why the Arbitral Seat Matters
The recent Tenth Circuit case of Goldgroup Resources, Inc. v. DynaResource de Mexico, S.A. de C.V., 994 F.3d 1181 (10th Cir. 2021) helps to show why the selection of an arbitral seat can make a significant difference. The background to the case is a shareholder...
Can One Party in a Divorce Action Be Held in Contempt for Failure to Communicate “Respectfully” With Their Ex-Spouse?
This issue was addressed in a recent Massachusetts Appeals Court Memorandum and Order Pursuant to Rule 23.0. In the unpublished case of Parker v. Parker, the Appeals Court considered whether or not the defendant father could be held in contempt for failing to...
What is the Standard for Civil Contempt?
In Tsavidis v. Tsavidis (Memo and Order Pursuant to Rule 23.0, June 7, 2021), the Massachusetts Appeals Court affirmed the Probate and Family Court’s finding that there was no contempt by the mother. Pursuant to the father and mother’s Separation Agreement, the father...
First Circuit Court Of Appeals Upholds Fraud Convictions, Finding No Actual Or Implied Juror Bias
In U.S. v. Kuljko, the defendant, a “convicted fraudster who hornswoggled dozens of victims out of millions of dollars,” requested that the Court of Appeals for the First Circuit vacate the jury’s guilty verdict, in part due to the trial court’s failure to dismiss a...
Implications of Working Out-of-State on Shared Parenting Plans
The increase in housing prices in Massachusetts and the ability to work remotely has afforded many people the opportunity for out-of-state home ownership in lower cost-of-living locations. However, for parties with a shared parenting plan the calculus surrounding...
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