A group of Oregon banks and banking organizations have come together to challenge the legality of that state's emergency COVD-19 banking regulations. Enacted on June 30, 2020 and in effect until it expired on December 31, Oregon's House Bill (HB) 4204 placed...
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Can a savings clause save an indemnification provision that would otherwise be void under M.G.L. c. 149, § 29C?
The U.S. District Court for the District of Massachusetts addressed this issue in a recent order on a motion in limine in the case Lennar Northeast Properties, Inc. d/b/a Lenna Northeast Urban, and Lennar Hingham Holdings, LLC v. Barton Partners Architects Planners...
The Impact of Social Security Disability Insurance (SSDI) Benefits on Child Support
Pursuant to the 2018 Child Support Guidelines, "[i]f a parent receives social security benefits or SSDI benefits and the children of the parties receive a dependency benefit derived from that parent's benefit, the amount of the dependency benefit shall be added to the...
Circuit Split Grows on Benign Language Exception for Debt Collection Envelopes
The United States Court of Appeals for the Sixth Circuit has joined the split from holdings by the Fifth and Eighth Circuits regarding a "benign language" exception for debt collection letters. The Sixth Circuit instead joined with the Seventh Circuit in holding that...
Lack of Testamentary Capacity in Massachusetts Will Contests
Showing a lack of testamentary capacity in Massachusetts will and trust litigation is not easy. In Joseph A. Haddad, et. al. v. Marcel A. Haddad, et. al., the Massachusetts Appeals Court recently reversed a decision by the Massachusetts Superior Court by finding that...
Superior Court Sheds Light on the Application of Frustration of Purpose Doctrine During the COVID-19 Pandemic
In the recent case of UNMV 205-207 Newbury, LLC v. Caffé Nero Americas, Inc., the Suffolk County Superior Court weighed in on the applicability of the frustration of purpose doctrine in connection with a commercial lease. In this specific case, the tenant ("Caffé...
Jurisdiction for Filing of Divorce in Massachusetts
In new decision, De-Paz York v. York, the Appeals Court finds that the Probate and Family Court did not have subject matter jurisdiction to issue a divorce judgment. In that case, the parties last lived together in Colombia on March 30, 2017. The wife filed a...
Can Massport treat a car sharing company like a traditional airport rental car company? Supreme Judicial Court to weigh in.
In January the Supreme Judicial Court (SJC) heard oral argument in a case challenging the ability of car sharing company Turo to facilitate pickups at Logan International Airport without paying the taxes and fees that Massport requires of traditional car rental...
United States Supreme Court Hold Foreign Government Taking From Own Citizens Does Not Fall Within Exception To Foreign Sovereign Immunities Act
The Supreme Court of the United States recently held in Federal Republic of Germany v. Philipp that Germany was immune from suit brought by heirs of Jewish art dealers on the grounds that the heirs' claims did not fall within an exception to the Foreign Sovereign...
Employees Beware: Appeals Court Allows Termination for Exercising Statutory Right
Massachusetts law gives employees the right to place a written statement in their personnel file if they disagree with information their employer has put into the file that has or may negatively affect the employee's qualification for employment, promotion, transfer,...
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