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230 results found

Article

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…
Article

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…
Article

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…
Article

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…
Article

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…
Article

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…
Article

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…
Article

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…
Article

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…
Article

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…
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