Lyft Drivers Compelled to Individually Arbitrate Misclassification Claims
The United States Court of Appeals for the First Circuit recently held that Lyft drivers are not entitled to invoke an exception to the Federal Arbitration Act (“FAA”) applying to workers engaged in interstate commerce. In Cunningham v. Lyft, Inc., Lyft drivers brought a putative class action alleging that Lyft misclassifies them as independent contractors. […]
When do Parties to Litigation have an Enforceable Settlement Agreement?
Nearly all disputes settle prior to a judge or jury deciding the case. In a perfect world, the parties reach an understanding on the important terms through email, telephone, and/or in-person negotiations, and then memorialize the agreement in a formal document prepared by counsel and signed by all the parties. Sometimes, however, complications arise during […]
Q: I want to bring a claim against someone for engaging in unfair and deceptive trade practices under Chapter 93A. Do I need to send a demand letter first, and, if so, what should it say?
A: If you are an individual consumer who wants to bring a Chapter 93A claim (known as a § 9 claim), you must first send the prospective defendant a demand letter. If you are a businessperson engaged in trade or commerce seeking to sue someone else acting in trade or commerce, you do not have […]
OCM Receives “Best Law Firms” Ranking in Trusts & Estate Litigation
U.S. News & World Report and Best Lawyers ranked OCM in the 2022 edition of “Best Law Firms” in the Boston Metropolitan Tier 2 category for Litigation – Trusts & Estates. Firms included in the 2022 Edition of “Best Law Firms” undergo a rigorous assessment process that includes client and lawyer evaluations and peer review […]
Federal Courts Need Not Abstain from Hearing Eviction Actions
The United States Court of Appeals for the First Circuit recently made clear that federal district courts in this Circuit may hear eviction actions over which they have jurisdiction. In Forty Six Hundred LLC v. Cadence Education, LLC, the plaintiff lessor (“FSH”) brought a summary process action against Cadence in Massachusetts state district court, seeking […]
Sean Carnathan Authors Insurer’s Duties to Defend and Indemnify: Massachusetts
OCM partner Sean Carnathan authored the Insurer’s Duties to Defend and Indemnify: Massachusetts, a Thomson Reuters Practical Law Commercial Transactions publication. Drawing on years of experience representing policyholders in disputes with their insurers, Sean’s publication is a Q&A guide to an insurer’s duties to defend and indemnify claims and losses in Massachusetts under commercial general […]
What is Adverse Possession and How Could it Impact your Property?
Adverse possession is a principle of law that allows for a party to claim title to land that is owned by someone else by physically possessing the land for an extended period of time so long as certain requirements are met. Proving Adverse Possession To prevail on a claim for adverse possession in Massachusetts, the […]
Condo Insurance 101
Condominium insurance is a widespread source of confusion and dispute. If you are a condominium owner, it is important to understand what is covered by your association’s “master policy” and what gaps in coverage you need to insure. Not all master policies are alike. As a general matter, the master policy covers the building of […]
5 OCM Attorneys Named to 2021 Massachusetts Super Lawyers and Rising Stars Lists
Five OCM attorneys have been named to the 2021 Massachusetts Super Lawyers and Rising Stars lists. The recipients will be featured in New England Super Lawyers Magazine, which appears as a supplement in the November issue of Boston Magazine. Each year, Super Lawyers rates attorneys who have attained a high degree of peer recognition and […]
What is a Contract “Under Seal” and Why is it Significant?
The concept of a contract under seal dates back to English medieval times, when most adults were illiterate and could not sign their own name. Each party impressed on the physical document a wax seal or other mark bearing his or her individual sign of identification. Over time, the rules were relaxed, such that now […]