You can file a suit for Declaratory Judgment (only in Superior Court) when you are a party to a contract where an actual controversy has arisen, and is current, and ripe, and where the contract has added and/or omitted some material and substantial issue that persists and which cannot be remedied in law, but only [...]
Landlords should make sure that they are aware that there are two different types of notices to quit in Massachusetts: Notice to quit for non-payment of rent Notice to quit for a violation of the lease other than non-payment of rent or for notice that the lease will not be extended further Failure to use [...]
Supreme Court judges like to see parties make an effort to settle their cases. Most mediators are voluntary and non-binding but parties may commit to binding arbitration, with or without ceiling/floor targets. Mediators usually charge around $700.00 per party for four hours of mediation. If you decide to participate, prepare your case like you were [...]
If another person's dog's conduct caused you to suffer physical injury, Massachusetts has a statute, MGL Ch. 140, s. 155, which creates automatic liability on the part of that dog's owner, unless you were committing either a trespass or some other tort, like teasing or tormenting the dog at the time of the injury. A [...]
If you are charged with an OUI in Massachusetts and because you have a prior plea or conviction in another state, thereby increasing the severity of the punishment of the crime, there are at least five legal problems for a prosecutor before any such prior disposition can be admitted into evidence. If you find yourself [...]
MGL Ch. 258E requires three or more acts of willful and malicious conduct aimed at a specific person. There has to be an intent to cause fear, intimidation, abuse or damage to property. Actions that are merely abusive in the disruptive sense are not enough. FWT v. FT, 93 Mass. App. Ct. 376 (2018). "Boorish [...]
If you have a 209A restraining order against you and you then, by mistake, send that person an electronic message or you run into that person in a store, be ready for that person to call the police, even though the contact was not intended. This statute is not a "strict liability" statute ; in [...]
If you intend to sue a town, city or the State, you should familiarize yourself with the Massachusetts Tort Claims Act MGL Ch. 258. First of all, your statute of limitations is short, two years. Then , before you can file suit, you must give notice to the town, city or State of the nature [...]
First of all, if you intend to do work for a corporation or an LLC, and you're worried about whether or not they have the financial resources to pay you, try your best to have an individual officer or trustee sign sign the contract as an individual, rather than as an officer or trustee. Assuming [...]
If you are ever stopped in your vehicle by the police for suspicion of being under the influence of alcohol or drugs, and you have a loaded firearm in your possession or control, you may be charged with a separate and more serious crime under MGL Ch. 269 Sec. 10 H. That crime carries a$5,000 [...]