Latest Blog Posts

Court Ruling Addresses the “Business Necessity” Rule for Non-Competition Agreements in Massachustets

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 […]

Class Action Settlement – Failure to Pay Prevailing Wages

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 […]

Successful Appeal of Federal Workers’ Compensation Benefits Denial

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 […]

Extinguishing Easement Rights

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.

Successful Opposition to Mandatory Arbitration Clause & Limitation of Statutory Payment Bond Remedies

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 […]

Securing Creditor’s Rights in Bankruptcy Court

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 […]

Successful Defense of Unpaid Overtime Claims

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.

Recovery for Commercial Property Damage/Unfair Settlement Practices

Miso, Inc. v. Dias et al. Worcester Superior Court C.A. 2013-01040-D Full market value of automotive garage destroyed by gasoline explosion recovered on behalf of property owner from tenant’s out of state insurer. With the assistance of fire recreation and real estate appraisal experts, firm presented compelling evidence of tenant’s negligence and pressed claims for […]

Action for Adverse Possession and Quiet Title to Land

Duclos v. O’Leary et al. Middlesex Superior Court C.A. 2013-00642 Successful action to quite title to client’s Marlborough property. Property had never undergone probate after the last owner with clear title (Olivia O’Leary Boudreau) passed away in 1943, and client had received defective deeds in 1981 from the “then-known” heirs.