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Results: 1-10 of 35

"It vexes me. I'm terribly vexed."

  • Day Pitney LLP
  • -
  • USA
  • -
  • September 4 2012

The Hyde Amendment gives criminal defendants the chance to win attorney's fees and costs when "the court finds that the position of the United States was vexatious, frivolous, or in bad faith."

Ingeno v. Meister

  • Day Pitney LLP
  • -
  • USA
  • -
  • January 27 2010

In Ingeno v. Meister, Case No. 09-P-502, 2010 Mass. App. Unpub. LEXIS 58 (Jan. 19, 2010), the Appeals Court affirmed the probate court's construction of a devise of real property

Trust & estate litigation - 24 November 2010

  • Day Pitney LLP
  • -
  • USA
  • -
  • November 24 2010

Case law relating to trusts and estates is constantly evolving

Berkowitz v. Berkowitz

  • Day Pitney LLP
  • -
  • USA
  • -
  • March 23 2012

In Berkowitz v. Berkowitz, Civil Action No. 11-10483-DJC, 2012 U.S. Dist. LEXIS 31487 (D. Mass. March 9, 2012), the U.S. District Court denied a motion to dismiss a complaint alleging breach of an oral trust

Immediate appeal is permitted to challenge a trial court’s authority to vacate a previous judgment

  • Day Pitney LLP
  • -
  • USA
  • -
  • April 11 2007

The Supreme Court of Connecticut recently found another exception to the final judgment rule under the second prong of State v. Curcio, 191 Conn. 27, 31 (1983), reaffirming that parties may immediately appeal and challenge a trial court’s power to vacate a previous judgment or order

Rochalski v. Sklodowski

  • Day Pitney LLP
  • -
  • USA
  • -
  • January 11 2012

In Rochalski v. Sklodowski, Case No. 10-P-1750, 2012 Mass. App. Unpub. LEXIS 12 (Jan. 6, 2012), a decision issued pursuant to Rule 1:28, the Appeals Court affirmed the probate court's judgment voiding certain transactions on grounds of lack of capacity and undue influence

Rivera v. Mackoul

  • Day Pitney LLP
  • -
  • USA
  • -
  • February 13 2012

In Rivera v. Mackoul, Case No. 10-P-1663, 2012 Mass. App. Unpub. LEXIS 120 (Feb. 3, 2012), a decision issued pursuant to Rule 1:28, the Appeals Court affirmed a judgment in favor of an estate planning attorney for fees incurred in a will contest, where the will was determined to be invalid pursuant to an agreement for judgment

Sherman v. Shub

  • Day Pitney LLP
  • -
  • USA
  • -
  • August 29 2011

In Sherman v. Shub, Case No. SUCV2007-BLS1, 2011 Mass. Super. LEXIS 146 (Suffolk Super. Ct. June 16, 2011), a Superior Court decision that was issued in June but just recently reported, the Court entered summary judgment against the plaintiffs on their Chapter 93A claim against the defendant insurance advisers and attorneys relating to allegedly defective estate plans

It's a bird! It's a plane! It's an attorney-client waiver opinion!

  • Day Pitney LLP
  • -
  • USA
  • -
  • May 1 2012

Privileged documents produced in response to a grand-jury subpoena cannot be withheld in subsequent civil litigation (even litigation about Superman), according to this opinion from the Ninth Circuit

US Supreme Court gives district court judges broad sentencing discretion

  • Day Pitney LLP
  • -
  • USA
  • -
  • February 18 2008

In December 2007, the U.S. Supreme Court issued two decisions which give federal judges more discretion in imposing sentences significantly lower or higher than the sentencing ranges recommended in the federal Sentencing Guidelines