Letters of credit are a common payment mechanism in international trade that normally allow a buyer to substitute the financial integrity of a stable credit source such as a bank for his own. For the seller of goods, a letter of credit functions as a bank’s...
A group of Alabama and Georgia realtors have asked the U.S. Supreme Court for emergency relief in their lawsuit now pending on appeal before the U.S. Court of Appeals for District of Columbia Circuit. The realtors sued the U.S. government, challenging the legality of...
A real estate sales contract must comply with the Statute of Frauds, meaning that it must be in writing, contain a description of the property and the agreed-upon price. Further, the parties must intend to be bound by the contract. Unless the seller has a legal...
Governor Baker recently signed legislation requiring employers to provide COVID-19 emergency paid sick leave to eligible employees who are unable to work for COVID-19-related reasons. Eligible employees will be entitled to up to 40 hours of paid leave, with a weekly...
Late last year, we wrote about the issuance of the “true lender” rule by the Office of the Comptroller of the Currency (OCC), which went into effect in December 2020. Prior to the issuance of that rule, federal courts had differed as to whether third-party lenders...
The United States Court of Appeals for the Fifth Circuit recently held that a private settlement on favorable terms for the plaintiff does not qualify as a “successful action” triggering the fee shifting provisions of the Fair Debt Collection Practices Act (“FDCPA”)...
Last year, I wrote about the case of D’Allessandro v. Lennar Hingham Holdings, LLC, where United States District Court for the District of Massachusetts held that the statute of limitations under G.L. c 260 § 2B did not begin running until the entire multi-phase,...
In the recent case Keohan v. Whalen, the parties’ original divorce judgment provided that alimony would be calculated based on the difference of the parties’ earned income by applying the following percentages: Difference in the Parties’ Earned Incomes % - Up to...
A letter rogatory is a formal request from a court in one country to a court in another country to perform some act. In the United States, common types of letters rogatory are requests for evidence, often document requests. Often, such letters rogatory seek documents...
In a recent Memorandum and Order issued by the United States District Court for the District of Massachusetts, the Court ruled on a summary judgment claim brought by the defendant in the case of Gunter v. Shapley & Stern, Inc. The defendant, a furniture and carpet...
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.
