Can you Bring a Claim Against Someone who Lies During Litigation?


Litigation is frustrating for a host of reasons, but one of the most frequent complaints of clients is that lawyers and witnesses misrepresent the facts and there seems to be little accountability or consequence.  Part of the reason is the litigation privilege.  The litigation privilege generally precludes civil liability based on statements by a party, […]

May a Landlord Evict a Tenant for Perpetually Paying the Rent Late?

Lease signing

The answer: it depends.  Under Massachusetts law, courts retain considerable equitable power to refuse to order a forfeiture of leased premises even if the tenant repeatedly violates the lease.  A Superior Court judge recently applied this doctrine to deny an eviction order to the landlord where the tenant, a North End restaurant, habitually paid the […]

If a Contract Includes an Indemnification Clause, Will a Claim for Breach of that Contract Require the Loser to Pay Attorneys’ Fees?

attorney fees

Indemnification clauses are quite common in commercial contracts.  In essence, the clause requires one party to protect the other by defending against claims and covering any liability arising from those claims.  Not all clauses are alike, however, so it is important to carefully review the language to understand the scope.  One critical issue is whether […]

What are Liquidated Damages and When are they Enforceable?

Many contracts contain a “liquidated damages” clause, under which the parties agree, at the time they sign the contract, to a pre-determined amount of damages, or a calculation to determine damages, in the event a party breaches the contract down the road.  Liquidated damages can be helpful because they can deter a breach as well […]