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...
Blog
Issuance of Letters Rogatory: Final and Appealable
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...
District Court Holds That Plaintiff Failed to Prove She Experienced a Hostile Work Environment
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...
Eleventh Circuit Court Of Appeals Holds Plaintiff’s FCRA Claim Was Subject To Provision In A Subscriber Agreement That Terminated Years Before His Claim Arose
In Michael Hearn, et. al. v. Comcast Cable Communications, LLC, the United States Court of Appeals for the Eleventh Circuit reverses a recent decision from United States District Court for the Northern District of Georgia and ruled that a putative class action brought...
Statute of Frauds No Bar to Claim for Breach of Oral Contract to Transfer Delivery Agreement
The United States District Court for the District of Massachusetts recently held that a promissory estoppel claim for assignment of a contract was not barred by the Statute of Frauds. The Court held that, where the complaint did not allege that the parties had any...
Massachusetts Federal Court Asked to Enforce Chinese Arbitration Award
In a request that highlights the benefits of international arbitration, Plaintiff Jiewen Lin has filed a Petition to Confirm and Enforce a Foreign Arbitration Award against several Defendants. The case is pending before Judge O’Toole in the U.S. District Court for the...
Are you a Borrower under RESPA if you are on the Mortgage but not the Note?
In Pittner v. Castle Peak 2012-1 Loan Trust (Memo & Order April 14, 2021), the United States District Court for the District of Massachusetts awarded summary judgment to Defendants, Castle Peak 2012-1 Loan Trust and Selene Finance LP, on Plaintiff’s claims of...
Judge Rules Legal Sea Foods is Not Entitled to Insurance Coverage for Pandemic-Related Losses
In early March 2020, Legal Sea Foods (Legal) signed an insurance policy with Strathmore Insurance Co. (Strathmore). Shortly thereafter, Governor Baker issued an order prohibiting Massachusetts restaurants from providing on-premises food or beverage consumption. As a...
Updated IBA Rules on the Taking of Evidence in International Arbitration
On February 15, 2021, the International Bar Association ("IBA") released an update to its highly influential Rules on the Taking of Evidence in International Arbitration ("IBA Rules"). The IBA Rules are a mix of common law and civil law traditions, and serve as the...
Can Court-Ordered Restrictions on Co-Parenting Communications Violate a Parent’s Constitutional Rights?
The short answer, according to a recent Appeals Court Memorandum and Order Pursuant to Rule 23.0, is yes. In the unpublished case of Sanavage v. Chavis, the parties were never married and were the parents of one child together. Following a trial on the father's...
Sign Up for the Fitch Briefs
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.