On June 8, Massachusetts’ highest court, the Supreme Judicial Court, held that a Massachusetts court had the authority (jurisdiction) to consider a case involving an out-of-state car manufacturer who sold cars in the Commonwealth. The case, Doucet v. FCA US LLC,...
The Fitch Briefs
Absent Formal Modification, Court Orders Should Be Followed
In Rungta v. Dhanda, the Massachusetts Appeals Court affirmed multiple contempt judgments against father that were issued by the Probate and Family Court. Pursuant to the parties’ divorce judgment from 2013, mother could “claim the child for [F]ederal and [S]tate...
A Divorced Party Can Pursue A Petition for Partition Despite Signing a Separation Agreement Prohibiting Him From Selling The House Without His Ex-Wife’s Consent
Although any co-owner has the right to partition a property (meaning selling a property through a legal proceeding called a partition action), irrespective of the consent of the other co-owners, there is an exception: a partition action is not available to tenants by...
Nonsignatories May Nevertheless Be Bound By Arbitration Clause, First Circuit Warns
A dispute between New Balance and its Peruvian distributor recently gave the U.S. Court of Appeals for the First Circuit reason to consider whether Massachusetts law would compel nonsignatories to comply with the arbitration clauses of other entities. In the case...
Student Loans and Bankruptcy
For individuals seeking to discharge debt through bankruptcy, student loans are unique in that they require a bankruptcy court’s determination that payment of said loans would impose an undue hardship on the debtor and the debtor’s dependents. 11 U.S.C. § 523(a)(8)....
Is an Evidentiary Hearing Required in a Civil Contempt Proceeding?
In J.D.M. v. J.A.M. (April 12, 2023, Rule 23.0 Decision), the Massachusetts Appeals Court vacated the Probate and Family Court’s judgment of civil contempt and remanded. Pursuant to the parties’ divorce judgment, mother had primary physical custody of the minor...
Class-Action Plaintiffs’ Service Awards Questioned by Second Circuit Ahead of Likely Supreme Court Determination
The United States Court of Appeals for the Second Circuit has upheld the grant of service awards totaling nearly one-million dollars to eight lead plaintiffs in a class action against Visa, Inc. and Mastercard, Inc., while at the same time stating its view that such...
Recognition of Money Judgment Against a Foreign Sovereign
In Villoldo v. Republic of Cuba, the Plaintiffs, two brothers, sought enforcement via the U.S. District Court in Colorado (“District Court”) under the Foreign Sovereign Immunities Act (“FSIA”) of a multi-billion-dollar money judgment previously awarded by a Florida...
Is an inheritance considered in a divorce in Massachusetts?
Unlike many states, Massachusetts has not defined assets that would be considered “non-marital” or “separate” property. Therefore, there are several considerations that you need to discuss with your attorney when considering inherited assets: Contribution and source...
Credit Union Not Liable for Fraudulent Transactions Authorized by Account Holder
The United States District Court for the District of New Jersey has held that a credit union is not liable for transactions that were fraudulently initiated but then authorized by the account holder. The Court found that while the transactions may have been...
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