The Federal Arbitration Act (“FAA”), long a thorn in the side of employees who desire litigation, has now been limited by the expansion of its prominent exception. Before considering the expansion of the FAA’s exception, it is important to understand the FAA. Scope of the Federal Arbitration Act The FAA requires enforcement of arbitration agreements […]
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A recent Massachusetts Land Court case examined the validity of a “two-tier” condominium project. This two-tier condominium approach is also referred to as a condominium within a condominium. A two-tier condominium is a condominium comprised of a primary condominium (the “Primary Condominium”), pursuant to which a landowner then creates one or more condominiums within and […]
The Massachusetts Supreme Judicial Court recently issued a noteworthy opinion regarding a property owners’ responsibility to remedy violations of the Wetlands Protection Act (the “Act”). The Court held that a local conservation commission may bring an enforcement action against a new property owner for up to three years following the property owners’ date of acquisition—even […]
In the matter of Trustees of 10 Porter Street Condominium Trust v. Cerda, the Massachusetts Appeals Court has, for the first time, distinguished the types of condominium charges that must be “paid under protest” as a condition of challenging their propriety. Based on longstanding law in the Commonwealth of Massachusetts, the appeals court affirmed the […]
Imagine you are a parent paying tuition totaling almost $50,000 a year to send your child to a to a well-regarded, pricey liberal arts college in southern Massachusetts. In the spring of 2020 COVID-19 hits, and the college closes its campus to students and transitions to “virtual learning” for the foreseeable future. As a result, […]
Federal and Massachusetts laws guarantee that no person shall be denied the right to work based on characteristics such as race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability/handicap, criminal record and genetic information (including family medical history). In order to comply with the law, employers […]
Many states and jurisdictions, including Massachusetts, have been prompted to re-examine their construction and design liability related laws in the wake of the Champlain Towers South high-rise condominium collapse in Surfside, Florida. One such law is under particular scrutiny in Massachusetts. In Massachusetts, Massachusetts General Laws, Chapter 260, §2B (the “Statute of Repose”) generally prevents […]
A Superior Court judge has ruled that an individual injured in an automobile accident can bring a claim for negligent entrustment against a mother whose disabled adult son allegedly caused the crash. The mother and her son, who suffered from Attention Deficit Hyperactivity Disorder (ADHD) and Autism Spectrum Disorder (ASD)—for which he took medication, were […]
The COVID pandemic has affected all aspects of our lives. Our workplaces, schools, religious institutions, social venues and restaurants have adapted to meet social distancing requirements in efforts to limit the possibility of the spread of the virus. Courts have been particularly affected because shutdowns, remote staff, and in-person limitations have slowed the administrative work […]
In the current age of global pandemics and unprecedented economic instability, many employers and employees find themselves stressed to the maximum. A recent decision by a Federal Appeals Court that an employer did not discriminate against an employee by firing her for misconduct she attributed to post-traumatic stress disorder has shed some new light on […]
