After several years of stalled attempts, the Massachusetts Legislature has passed a comprehensive though largely self-defeating bill regulating the use of non-competition agreements. The bill, which was appended to a larger economic development package signed by Governor Baker on August 10, 2018, will become effective to all non-competes executed on or after October 1, 2018, and […]
Latest Blog Posts
Ferreira v. Oxford Realty & Trust, LLC et al. Worcester Superior Court C.A. 1785CV01734 Our office filed suit on behalf of a commercial tenant in Milford, who operated a diner on the premises and had contracted to purchase the property after a short-term rental. Under the parties’ original purchase and sale agreement, the tenant had deposited approximately 23% […]
In order to be enforced by a court in Massachusetts, agreements to restrict an employee’s future employment, i.e. “non-competition” agreements, must be (1) necessary to protect the legitimate business interests of the employer, (2) reasonable in time and scope, (3) bargained for between the parties and (4) consistent with the public interest. A recent ruling from […]
Maracallo et als. v. Patriots Environmental Corp. et als. Worcester Superior Court C.A. 1585CV00554-B In this case, three closely-held asbestos abatement contractors and their common owners (the defendants) operated an employee retirement fund into which a certain percentage of prevailing wages earned by employees (our clients) was supposed to be deposited. These wages were earned […]
Remillard v. United States Office of Workers’ Compensation Programs U.S. Department of Labor, Office of Workers’ Compensation Programs Our office successfully appealed the denial of our client’s continuation of pay benefits from the United States Postal Service. Thereafter, the client was approved by the Department of Labor for a schedule award compensating him for 12% permanent impairment […]
Massachusetts Independent Contractor (IC) Advisory: Client Control May Nullify Independent Contractor Massachusetts business owners who wish to utilize independent contractors should be mindful of the amount of control exercised over these workers by clients of the business, as it is now clear that such control can be imparted to the employing unit for the purposes […]
Junkala v. DeCarolis Bros., Inc. and its legal successors and assigns Worcester Superior Court C.A. 1585CVO1869 Our office extinguished a substantial easement over the plaintiff landowner’s property under the theories of abandonment and frustration of purpose.
Bridgeline v. Linwood Construction, LLC et al. Middlesex Superior Court C.A. 2014-07133-B Successfully defended efforts by the defendant general contractor and surety company to compel arbitration of plaintiff subcontractor’s payment bond claim, which would have severely limited the subcontractor’s rights to full recovery. Instead, a six-figure settlement was obtained that compensated the subcontractor client for its […]
Weaver v. 89 Commercial Road, LLC Worcester Superior Court C.A. 2014-00977 United States Bankruptcy Court (D. Mass) No. 2014-41634 Our client was awarded the full principal and interest due to him under a promissory note from the Chapter 11 debtor, following attachment of the debtor’s single asset in state court and the successful re-negotiation of the debtor’s Chapter 11 bankruptcy […]
Freehart et al. v. Charlton Welding et al. Worcester Superior Court C.A. 2013-0633-C Our office successfully moved for summary judgment in favor of the defendant (a commercial trucking company) on all of the plaintiffs’ overtime claims, worth approximately $186,000.00, after the plaintiffs were determined to be exempt from mandatory overtime pay under the state and federal motor carrier exemptions.