The Appeals Court of Massachusetts recently vacated a judgment totaling almost $65,000,000 on the grounds the alleged unfair and deceptive acts of the defendants did not occur primarily in Massachusetts and that the trial judge allowed prejudicially erroneous jury...
In Massachusetts, the Prompt Pay Act provides protections to subcontractors who perform work pursuant to certain construction contracts. Under the Act, contractors are required to approve or reject payment applications by subcontractors within specified time limits...
The Appeals Court decision of Howard v. Howard underscores the significance of effective co-parenting and civility during custody disputes. In this case, the parties continued to live together in the marital home with their four children following the Mother’s filing...
The United States Supreme Court has overruled its 1984 decision in Chevron U.S.A., Inc. v. NRDC., which required courts to uphold an agency’s interpretation of a federal statute so long as that interpretation was reasonable. Writing for the Court, Chief Justice...
Can a litigant invoke the implied covenant of good faith and fair dealing to assert rights or duties not otherwise explicitly provided for in a contract? Subject to qualifications, the answer seems to be yes, according to a recent Appeals Court decision in Classic...
In Consumer Financial Protection Bureau v. Community Financial Services Association of America, the United States Supreme Court held that the mechanism Congress established to fund the Consumer Financial Protection Bureau complies with the Constitution’s Appropriation...
A party’s right to appeal a decision from a zoning board is governed by Massachusetts General Laws, Chapter 40A, Section 17. Only a “person aggrieved” by a decision of a zoning board has standing to appeal it. The appeal is one made by filing a complaint in the Land...
The United States Supreme Court recently held that federal courts are required to stay litigation following the grant of a motion to compel arbitration – courts do not have discretion to dismiss the case. In Smith et al. v. Spuzzirri et al, delivery drivers brought...
In Peacock v. Peacock (Memo and Order Rule 23.0 Decision April 29, 2024), the Massachusetts Appeals Court affirmed the Probate and Family Court’s marital home date of valuation. In August 2019, the husband moved out of the marital home. In November 2019, the wife...
In Muldrow v. City of St. Louis, Missouri, the United States Supreme Court held that an employee challenging a job transfer under Title VII of the Civil Rights Act of 1964 must show that the transfer brought about “some harm” with respect to an identifiable term or...
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.
