Have A Defense? Use it!

A recent Massachusetts case illustrates the perils of sitting on your legal rights, rather than exercising them without delay. The case is based on claims for damage to a valuable painting that fell from a wall. The picture hangers that held it up tore the canvas of the painting. See American International Insurance Co. v. […]

That Dog Costs How Much?

In 2007 John Irwin picked up his cane and carefully made his way outside with Peppermint, his small Bichon Frise dog. While still in their yard, Mr. Irwin and Peppermint were attacked by an unleashed German Shepherd. The attack knocked Irwin to the ground and left him unable to get up on his own. The […]

Arbitration Agreements and Healthcare Proxies

Two recent Massachusetts cases provide an exception to a trend of upholding arbitration agreements under the Federal Arbitration Act. See Johnson v. Kindred Healthcare, SJC-11335, slip op. (Jan. 13, 2014) and Licata v. GGNSC Malden Dexter LLC, SJC-11336, slip op. (Jan. 13, 2014). In these cases the S.J.C. found that an arbitration agreement was unenforceable […]

The Statute of Limitations in Defamation Cases

Generally, the statute of limitations in a defamation case begins running at the time of publication. In Massachusetts, the statute of limitations for a defamation claim is three years. G.L. c. 260, § 4.

“Up-skirt” Photos Provoke Legislature into Action

While many pieces of legislation languish for months or years without being signed into law, a bill criminalizing secret, “up-skirt photography” recently made a surprisingly fast trip through the Massachusetts legislature. Within two days of a Supreme Judicial Court ruling that no law addressed this conduct, Massachusetts lawmakers enacted a new law to make such […]

Carry A Cell Phone? This Case is For You.

What could your phone reveal about your daily habits? Today’s phones reveal precise information about their owners’ locations—either via GPS or by tracking which cell phone towers it uses. This information can be valuable for law enforcement officials, who regularly seek cell phone records to track their suspects.

Contracts, Breaches of Contract, and Chapter 93A Damages

Are you contemplating a new contract? Has one of your contracts already been breached? The recent case of Butera Auburn, LLC, et al. v. Williams, et al., 83 Mass. App. Ct. 496 (2013), illustrates the importance of careful business planning and contract drafting. This case may also be used to double or triple Massachusetts plaintiffs’ […]

Know Your Legal Rights and Responsibilities as a Landlord or a Tenant!

Are you a landlord or a tenant? Do you know your legal rights and responsibilities? Are you properly handling security deposits? Has your landlord failed to return part or all of your deposit?

Obtaining or Defending Against a Default Judgment

If you have been served with a complaint, do not ignore it! A default judgment may be entered against you for failure to respond.