Condominium Unit Owners May Not Adversely Possess Common Areas
The Massachusetts Land Court recently decided an issue of first impression in the Commonwealth: whether condominium unit owners may adversely possess a portion of a common area. The court held that they cannot. In Pisano v. Thunberg, Plaintiffs Charles Pisano and George Nader (“Plaintiffs”) owned a condominium unit in Provincetown, Massachusetts. When Plaintiffs purchased their […]
Do I Have to Pay My Contractor’s Sub?
During the course of a construction project, you learn that a subcontractor has filed a mechanic’s lien on your property. Now what? Are you responsible for paying your contractor’s sub-contractor? As the property owner, you have several options available to you, including putting pressure on the general contractor to pay the claim, obtaining a lien […]
My neighbor’s tree is damaging my property. What are my rights?
In Massachusetts, the longstanding rule (known as the “Massachusetts Rule”) is that “an individual whose property is damaged by a neighbor’s healthy tree has no cause of action against a landowner of the property upon which the tree lies.” Shiel v. Rowell, 480 Mass. 106, 112 (2018). What does this mean for property owners? Falling […]
Rights of an Owner to Inspect Company Records
In many disputes among owners of a company, the majority owners deprive the minority access to business records. What rights does an owner have to these records? The answer is not so simple and may vary by the type of entity. For corporations, the governing statute is G.L. c, 156D, §§ 16.01, 16.02 and 16.20. […]
William Hartzell Receives Excellence in the Law Award from Mass. Lawyers Weekly
William Hartzell received the 2021 Excellence in the Law award from Massachusetts Lawyers Weekly for his work as a paralegal. With close to a decade of experience at OCM, Bill is involved in case management from client intake through to trial and appeals, with a heavy emphasis on document management. He handles trial preparation and […]
SJC Rules Attorneys Departing Firm Violated Unfair and Deceptive Trade Practices Law
The SJC issued its ruling in a closely watched case involving a group of attorneys who copied files from the firm’s proprietary database and, when the owner of the firm rejected their buyout offer, resigned and used the database in their own newly formed firm. The jury returned a verdict of $900,000 in the plaintiff’s […]
Amanda Hobson Joins OCM as Associate
We are pleased to announce Amanda Hobson has joined the firm as an associate. Amanda is a creative thinker who engages happily with complex legal problems and enjoys the intense preparation involved in bringing a case to trial. Learn more about Amanda’s experience in her bio. O’Connor, Carnathan and Mack LLC is a commercial litigation […]
SJC to Address Chapter 93A Liability in Employment Case Involving Unfair Business Practices
The SJC will hear oral argument on January 6 in a case that bears watching, as it may clarify, and potentially expand, the reach of Chapter 93A to disputes arising out of the employment context. The case, Governo Law Firm v. Bergeron, will address the applicability of Chapter 93A, which entitles the prevailing plaintiff to […]
David Mack Quoted in “Bank not entitled to equitable lien on home equity line of credit”
OCM partner David Mack was quoted in the November 23 issue of Massachusetts Lawyers Weekly in “Bank not entitled to equitable lien on home equity line of credit.” The article highlights the 1st Circuit Court of Appeals decision in Wilmington Savings Fund Society, FSB v. Collart, et al., 2020 U.S. App. LEXIS 35915 (Nov. 13, […]
Upcoming Webinar: Trial Notebooks & Exhibits for Paralegals, January 21, 2021 @ 2pm EST
Hosted by the Institute for Paralegal Education William Hartzell, a paralegal at OCM, will present at “Trial Notebooks & Exhibits for Paralegals,” a webinar hosted by the Institute for Paralegal Education on January 21, 2021. During the webinar William will explain the skills necessary to prepare and organize trial notebooks and exhibits, highlight how to […]
