176D Train
Do you need to send another Chapter 93A demand letter? In consumer actions for unfair trade practices, the Massachusetts statute requires a presuit demand letter before asserting the claim. But what if you have sent a presuit demand letter, further shenanigans ensue and you want to amend your complaint to add more claims? In a […]
Are Your Client’s AI Queries Privileged?
Are Your Client’s AI Queries Privileged? Having clients run AI queries about their case and make suggestions or ask follow up questions is familiar terrain for most attorneys these days. But are those queries and answers privileged? No, says prominent federal judge Jed Rakoff of the Southern District of New York. In United States v. […]
176D Train: All for One, One for All
If you or your business are on the wrong end of a law suit, you might keep the motto of the Three Musketeers in mind when you report the claim to your insurance company. Under Massachusetts law, if you have an insurance policy that covers any claim in the policy, the insurer has to defend […]
May an Insurance Company Refuse to Provide Coverage if it Gets Late Notice of a Claim but is not Harmed by the Late Notice?
All insurance policies require a policyholder to provide notice to the insurer, and the policyholder should always provide prompt notice in writing to the address and in the form the policy requires. The consequences of failing to provide timely notice, however, depend on the type of policy. A “claims-made-and-reported” policy provides coverage for a claim […]
Can An Arbitration Provision in a Contract Be Enforced by a Non-Signatory?
A plaintiff who signed a contract which contains a mandatory arbitration clause may think that a defendant who did not sign the contract cannot enforce that clause. That plaintiff may not necessarily be right. Courts in Massachusetts have recognized a variety of theories through which a non-signatory to a contract may be able to enforce […]
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, […]
Who Can Represent a Corporation or LLC in Court in Massachusetts?
While individuals may represent themselves in court in Massachusetts, corporations and LLC’s are considered business entities and are required by well-established case law to have a licensed attorney represent their interests in judicial proceedings in Massachusetts. This means that an officer, manager, owner, shareholder or employee is not allowed to file any pleadings or appear […]
Is State Court A Better Investment than Federal Court?
A plaintiff who is owed money by a defendant often laments that it gets wronged twice – by the failure to pay in the first instance and by the subsequent delay in paying the money through litigation. The judicial system recognizes the impact caused by the delay and awards a plaintiff interest upon a successful […]
Employers Beware – Last Day Must be Pay Day for Terminated Employee
Massachusetts employers beware: when you terminate an employee, you must pay the employee in full on the employee’s last day of work for all accrued wages, including any accrued vacation pay. Anything less will subject you to triple damages for anything you fail to pay plus attorney’s fees. This past April, the Massachusetts Supreme Judicial […]
What Do I Need to Show to Bring a Class Action in Massachusetts?
You have likely heard that some legal claims may be brought in a format called a “class action,” in which certain named individuals bring a lawsuit on behalf of a large number of people who all have similar claims against a defendant. There are certain criteria that must be met, however, before a group of […]
