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Eversheds Sutherland (US) LLP | USA | 9 Sep 2020
Massachusetts Appeals Court issues opinion favorably interpreting Internet Tax Freedom Act’s screening software requirement
On September 4, 2020, in New Cingular Wireless PCS LLC v. Commissioner of Revenue, No. 18-P-1317, the Massachusetts Appeals Court held that the…
Freeman Mathis & Gary | USA | 9 Jan 2020
Statute of Repose Does Not Bar Claims Resulting from Improper Maintenance
The Massachusetts Appeals Court recently held that the six-year statute of repose (G.L. C. 260, § 2B) did not bar a homeowner’s insurer’s subrogation…
Pierce Atwood LLP | USA | 23 Dec 2019
This Land (Was) Your Land: Mass. Appeals Court Updates Law on Adverse Possession and Prescriptive Easements
In the second half of this year the Massachusetts Appeals Court decided three cases in which a party claimed adverse possession or prescriptive…
Commonsense Construction Law LLC | USA | 17 Jul 2019
Letter of Intent Precluded Dismissal of Mechanic’s Lien
A contractor recorded a lien notice, using a letter of intent as the “written contract” supporting the lien. The owner moved for summary dismissal of…
Greenberg Traurig LLP | USA | 29 May 2019
Environmental Compliance and Land Use “Special Permits” in Massachusetts
Does compliance with environmental regulations suffice to prove that an operation is safe? Maybe not, for purposes of land use approvals in…
Nutter McClennen & Fish LLP | USA | 20 May 2019
Enforcement Issues in Massachusetts Real Estate Loans
Two recent Massachusetts Appeals Court decisions offer both clarity and caution to mortgage lenders seeking to enforce their loan documents. These…
Commonsense Construction Law LLC | USA | 26 Oct 2018
Contract Scope Limits Tort Liability
From the Massachusetts Appeals Court comes a reminder that a contract scope of services may serve to control or limit the scope of tort liability. New…
Goulston & Storrs PC | USA | 5 Oct 2018
Probate and Fiduciary Litigation Newsletter - October 1, 2018
In Forbes Family Ranch, LLC v. William C. Forbes and Julia Forbes, as Co-Trustees of Hillside Street Trust, 2018 WL 4354394, No. 17-P-704 (Mass. App…
Beveridge & Diamond PC | USA | 25 Jun 2018
Some Zoning Deadlines Matter More than Others Says the Massachusetts Appeals Court
Deadlines matter, particularly in the world of Massachusetts zoning. Statutory deadlines govern everything from when a board must hold hearing to the…
Goulston & Storrs PC | USA | 26 Apr 2018
Real Litigation - Reichenbach v. Haydock
In Reichenbach v. Haydock, 92 Mass.App.Ct. 567 (2017), the Massachusetts Appeals Court clarified the evolving legal framework used to determine…
