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...
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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,...
Who Should Regulate FinTech Companies? OCC and CFPB at Odds
Over the past decade, there has been rapid growth in technology-enabled financial services, referred to as FinTech. This growth has included the creation and expansion of nonbank FinTech companies, i.e., companies that do not have a banking license and generally do...
School Costs Cannot Form Basis to Deny Housing Construction Permits
The Massachusetts Land Court, in two separate opinions, has held that the costs of educating school-age children who may occupy a housing complex is not a valid basis for denying a developer's request for a building permit. While the Massachusetts Appeals Court had...
What is the Automatic Restraining Order in a Divorce Case?
A question that frequently comes up in a divorce is what effect the filing has on the financial lives of the parties. Can they still use the joint credit card? Change the beneficiaries on the life insurance policy? Spend money? Supplemental Probate and Family Court...
Life Sciences Companies Increase the Use of International Arbitration
As a natural result of their expansion even further into the global market, life sciences companies have increasingly relied on international arbitration to resolve disputes, joining a growing number of industries that have made a similar move in recent years. There...
Can a Court Deviate from the Child Support Guidelines?
In Luce v. Folino-Inadoli, the Massachusetts Appeals Court (Rule 23.0 decision) affirmed the Probate and Family Court's reduction of the child support amount paid by the father to the mother, as well as the denial of retroactive relief for the father. In October 2018,...
Alimony Statute Does Not Restrict Parties’ Ability to Negotiate / Agree Upon How Alimony is Calculated
In a recent Rule 23 decision, a panel of the Massachusetts Appeals Court reversed the lower court and held that G. L. c. 208, section 53 (i.e., section 53 of the Alimony Reform Act) does not restrict parties' ability to negotiate and agree upon how alimony is...
Receiving Collection Letter Overstating Debt Owed Does Not Constitute Harm Sufficient to Create Standing Under Fair Debt Collection Practices Act
In Nettles v. Midland Funding LLC the Seventh Circuit recently held Plaintiff Ashley Nettles did not have standing to bring a claim against Defendant Midland Funding LLC under the Fair Debt Collection Practices Act ("FDCPA") on the grounds that Plaintiff suffered no...
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