Back in January, the Consumer Financial Protection Bureau (“CFPB”) proposed a rule that would make existing consumer protection laws—namely the Truth in Lending Act and its implementing Regulation Z—applicable to large financial institutions’ overdraft lending...
The Fitch Briefs
Land Court Finds Email Exchanges Did Not Constitute Written Agreement for Purposes of Statute of Frauds
In a recent ruling, the Land Court found that a series of email exchanges between parties did not establish a meeting of the minds and an intent to form an enforceable agreement, and therefore the email exchanges could not satisfy the Statute of Frauds. Boulay v....
Are Incentive Payments Subject To The Massachusetts Wage Act?
The Massachusetts Wage Act, G.L. c. 149, § 148, governs the payment of wages. Employers who fail to comply with the Wage Act may be required to pay an aggrieved employee treble damages, attorneys’ fees and costs, so it’s important to understand what forms of...
Massachusetts Mandatory Co-Parenting Course Revised
During the height of the Covid-19 pandemic, the Probate and Family Court suspended the requirement for all parties in divorces involving children, actions to establish paternity, complaints for modification and contempt involving custody and/or parenting-time, or any...
First Circuit Affirms Three-Step Framework in Disparate-Treatment Employment Discrimination Cases
Disparate treatment in the employment law context occurs when a member or members of a protected class are treated differently than others by an employer. Where a plaintiff in a disparate treatment case is unable to proffer direct evidence of discrimination, courts in...
The Importance of Expert Site Visits
In real estate, land use, and environmental cases, experts can often make or break your case. Once hired, experts are usually involved at every stage of the litigation. One of the first things an expert should do is visit the site to gain firsthand knowledge of the...
Supreme Court Holds Federal Agencies Are Subject to FCRA Liability
A unanimous United States Supreme Court has held that individuals can sue federal agencies for violations of the Fair Credit Reporting Act, 15 U.S.C.A. §§ 1681n and 1681o (“FCRA”). Finding that federal agencies are “persons” within the meaning of the FCRA, the Court...
Massachusetts Appeals Court Answers Two Commonly Asked Real Estate Law Questions: (1) When Are the Rights In Property Effectively Transferred? and (2) If a Private Road Separates Two Properties, Who Owns the Road?
In Trustees of Boston College v. NCDS of the Sacred Heart, Inc., the Appeals Court addressed each of these questions and provided a comprehensive overview of principles and doctrines commonly invoked by parties in connection with their claims to rights in a way that...
U.S. Appeals Court Finds Undisclosed Familiarity Among Co-Arbitrators and Counsel Insufficient Ground for Arbitration Award Vacatur Under Federal Arbitration Act or New York Convention
The Eleventh Circuit Court of Appeals recently denied vacatur and confirmed an arbitration award despite the non-prevailing party’s allegations that the arbitral tribunal members failed to disclose that they had been seated with one another on other, unrelated...
Clickwrap Agreements Come Under Scrutiny in Massachusetts.
Earlier this month, the Massachusetts Supreme Judicial Court ("SJC”) heard oral arguments in Good v. Uber Technologies, Inc. et al. At issue is whether Uber’s in-app pop-up screen provides to its customers reasonable notice of the terms of use containing, among other...
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