What is a 30(b)(6) Deposition?
I just received a notice stating that my company will be deposed in accordance with Rule 30(b)(6). What does that mean and what am I supposed to do about it? A deposition is a process that permits a party or its attorney to ask questions of the opposing party or a witness relating to the […]
I am a Minority Shareholder in a Small Company, and I Believe One of the Other Shareholders is Harming the Interests of the Company. Can I Sue the other Shareholder?
The likelihood of you succeeding in a particular lawsuit depends on the facts of your case. However, it is important to understand that a minority shareholder cannot simply bring suit in his or her own name in order to vindicate harm that the company has suffered. If you are a minority shareholder in a Massachusetts […]
If Someone has Interfered with your Inheritance, How Much Time do you have to Bring the Claim?
Oftentimes family members quarrel when a relative dies and excludes someone from a will or a trust. By statute, Massachusetts requires a person who contests the validity of a will or a trust to commence a lawsuit within one year of death. The Supreme Judicial Court recently held, however, that the one year rule does […]
Can I Be Sued Because I Sued Them?
A common reaction for someone who feels he or she has been sued wrongfully is to want to countersue to recover the attorneys’ fees spent defending the matter. The defendant believes they can sue the plaintiff for suing them first. Doing so, however, could just lead to the defendant having to pay the plaintiff’s attorneys […]
I Just Received a Subpoena for a Case I’m not a Party to. What do I do now?
Receiving a subpoena for a lawsuit that you are not involved with might seem unpleasant or even burdensome. There are certain steps you can take, however, to help protect your rights and ensure that responding to a subpoena goes smoothly. The first question you may have when receiving a subpoena is: do I need a […]
I have a Signed Purchase and Sale Agreement for my Dream House and the Seller is Refusing to Close – What are my Rights?
You found your dream home, the seller accepted your offer and both parties executed a Purchase and Sale Agreement (“P&S”) with no contingencies for the seller – what could possibly go wrong? Unfortunately, all too often sellers will refuse to close on the property (reasons include the seller wanting more money in a hot real […]
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 […]
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 […]
