In a recent decision, Openshaw v. Openshaw, the Massachusetts Supreme Judicial Court (“SJC”) held that in certain circumstances it is proper when setting a spousal support order to consider the parties’ historical allocation of income to savings as an element in...
The Fitch Briefs
Who Gets the Dog After Couples Break Up?
Domestic animals, such as dogs, are considered personal property under Massachusetts law. When a romantic relationship ends, what happens to the pet the couple jointly owned? This issue has become increasingly common for couples going through a break-up, particularly...
Court Reminds Litigants That When It Comes To Arbitral Rights, You Can’t Have Your Cake And Eat It Too.
Litigants can waive their right to arbitrate through litigation conduct, a recent U.S. District Court decision reminded us. Much to the dissatisfaction of an au pair agency defending against a putative class action by foreign childcare workers alleging violations of...
Comment Period Closing on CFPB’s Proposed Overdraft Regulation
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...
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...
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