Session Watch: A quarterly summary and analysis of significant Mass. Superior Court Business Litigation Session decisions
View past Session Watch issues O’Connor, Carnathan and Mack LLC is a commercial litigation law firm located in Burlington, Massachusetts that helps companies and individuals resolve complex business disputes, insurance coverage disputes, and personal injury claims. Our legal team includes top-flight commercial litigation attorneys as well as dedicated personal injury lawyers. Our clients include Fortune […]
Conservation Commissions May Bring Enforcement Actions for Decades-Old Violations of Wetlands Protection Act
The Massachusetts Supreme Judicial Court (“SJC”) recently issued a decision interpreting the three-year statute of repose under the Wetlands Protection Act (“WPA”), G.L. c. 131, § 40, to restart each time real property is sold. In Conservation Commission of Norton v. Pesa, the Conservation Commission of Norton (“Commission”) issued an enforcement order under the WPA to […]
Q: I am a consumer looking to bring a claim for unfair and deceptive practices against a company, but I signed a release saying I wouldn’t bring such a claim. Am I out of luck?
A: You are not out of luck. If you are an individual consumer who has been wronged by a company that has behaved unfairly and deceptively, you may bring a claim under the Massachusetts consumer protection statute, G.L. c. 93A, even if you signed an agreement stating that you waived your right to bring such […]
Is My Residential Contractor a “Residential Contractor”?
Massachusetts regulates the practice of “residential contracting” under the Home Improvement Contractor Act, G.L. c. 142A. There are licensing and contracting requirements as well as significant penalties for residential contractors who engage in certain prohibited acts, such as abandoning the project, deviating from plans and specifications without the owner’s consent, or violating any state or […]
Is a Written Offer to Purchase Real Estate Enforceable?
Massachusetts courts have routinely held over the last 20 years that a fully executed and accepted offer to purchase (OTP) real estate is a binding and enforceable agreement if it contains the essential material terms of the deal, which are, generally: a description of the property being sold, the purchase price, a deposit, an agreed […]
Employer’s Internally Inconsistent Documents Precluded It From Retaining Disputed Charges Under Tips Act
The Massachusetts Supreme Judicial Court (“SJC”) recently issued a decision that emphasizes the importance of clear contractual language in the context of liability under the Tips Act, G.L. c. 149, § 152A. Hovagimian v. Concert Blue Hill, LLC involved Plaintiffs who worked as service employees for defendant Concert Blue Hill, LLC, doing business as Blue […]
As a Plaintiff in a Civil Action, am I Entitled to Prejudgment Interest if I Win?
By statute, the clerk in any case is required to add interest to any judgment or verdict issued by a Massachusetts state court. For contract actions (G.L. c. 231, §6C), the rate of interest is either the interest rate in the contract or, if the contract does not have one (or the contract is oral), […]
OCM Partner Sean Carnathan Named to 2022 Best Lawyers in America© List
The firm is pleased to announce Sean Carnathan has been included in the 2022 Edition of The Best Lawyers in America. Sean has been recognized each year since 2016 in the Litigation – Trusts and Estates practice area. Best Lawyers is the only purely peer review guide to the legal profession and has become universally […]
What do I do if my Insurance Company offers less than I lost?
A common experience for policyholders seeking coverage for their losses, whether you’re a homeowner who has suffered a fire loss or a business looking for commercial property coverage, is for the insurance company to offer you much less than you believe you have lost. In Massachusetts, every policy that includes fire insurance coverage (i.e., pretty […]
Can I Sue my University for Violating Chapter 93A?
Q: I’m a college student, and I believe my university has engaged in unfair and deceptive conduct in its relationship with me and other students. Can I bring a lawsuit for violation of Chapter 93A? A: Generally, the answer is no. For the Massachusetts consumer protection law (referred to as Chapter 93A) to […]
