In Trustees of Boston College v. NCDS of the Sacred Heart, Inc., the Appeals Court addressed each of these questions and provided a comprehensive overview of principles and doctrines commonly invoked by parties in connection with their claims to rights in a way that...
The Fitch Briefs
U.S. Appeals Court Finds Undisclosed Familiarity Among Co-Arbitrators and Counsel Insufficient Ground for Arbitration Award Vacatur Under Federal Arbitration Act or New York Convention
The Eleventh Circuit Court of Appeals recently denied vacatur and confirmed an arbitration award despite the non-prevailing party’s allegations that the arbitral tribunal members failed to disclose that they had been seated with one another on other, unrelated...
Clickwrap Agreements Come Under Scrutiny in Massachusetts.
Earlier this month, the Massachusetts Supreme Judicial Court ("SJC”) heard oral arguments in Good v. Uber Technologies, Inc. et al. At issue is whether Uber’s in-app pop-up screen provides to its customers reasonable notice of the terms of use containing, among other...
The Difference Between Recorded Land and Registered Land in Massachusetts
Massachusetts has two title systems for land – one for Recorded Land and another for Registered Land. Recorded Land is the most common, comprising the vast majority of real property in Massachusetts. Documents affecting Recorded Land, such as deeds, mortgages and...
Is There a Future for the CFPB?
The Supreme Court is set to rule this term on the constitutionality of funding for the Consumer Financial Protection Bureau (CFPB), in Consumer Financial Protection Bureau v. Community Financial Services Association of America, Limited, and the future of the agency...
Recent State False Claims Act Case Provides Direction to Municipalities
In a suit brought under the False Claims Act, also called a qui tam action, an individual with knowledge of a past or present fraud committed against the government may bring a suit against an entity on the government’s behalf. In a qui tam action, the government is...
Appeals Court Enforces Arbitration Agreement Executed by Spanish-Speaking Party Even When No Translation Was Provided
Arbitration is an alternative dispute resolution where the parties agree in advance that any dispute between them will be decided in a private proceeding by a neutral third party called an arbitrator. By signing an arbitration agreement, the parties waive the right to...
Land Court Invalidates Town’s Affordable Housing Regulations
In a January 4, 2024 decision, the Massachusetts Land Court in Estate of Virginia L. Isola v. Town of Stoneham struck down provisions of the Bylaws of the Town of Stoneham that had required proposed subdivisions of land to set aside a portion of their lots for...
Bankruptcy Code Imposes Automatic Stay on Native American Tribes
The United States Bankruptcy Code imposes an automatic stay against creditors’ collection efforts upon filing of a bankruptcy petition. The United States Supreme Court has now held that the Code “unequivocally” strips Native American tribes of their sovereign immunity...
Can a public employer terminate an employee for TikTok, Instagram, or other social media posts predating the employment without offending the First Amendment?
Facts and circumstances cannot be overlooked, but in this jurisdiction, the First Circuit, the answer depends on (i) whether the employee—in the posts at issue—engaged in speech as a citizen on a matter of public concern; (ii) a balancing between the employee’s...
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