Posts tagged "issue"

You Just Got Divorced. Is Your Ex Now Allowed To Sue You Too?

In a recent case, the Massachusetts Appeals Court explored the issue of preclusion - once a person has gotten divorced, can his or her ex-spouse sue them for related conduct? The answer is yes, but not always. The Appeals Court explored both sides of res judicata - claim preclusion and issue preclusion, in reaching its determination.

SJC Decides No Retroactive Application in Favor of Adopted Heirs

Adopted children or "issue" cannot take from an irrevocable testamentary trust executed at a time when adoptees were excluded from the definition of "child" in such instruments, despite adoption legislation aimed at achieving precisely that goal, according to the Supreme Judicial Court (the "SJC").

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