Category: Civil Litigation

Massachusetts Non-Compete Reform Bill Leaves Much to Be Desired

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 […]

Client Control May Nullify Independent Contractor Status

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 […]

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.

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 passed away in 1943, and client had received defective deeds in 1981 from the “then-known” heirs.

Breach of Contract for Non-Payment

G.S. Redlon & Sons vs. Intech, Inc. Marlborough District Court C.A. 200921CV345 Successfully prosecuted and proved at trial general contractor’s claims that it was due its contract balance for nonpayment, and successfully defended against owner’s claims that general contractor did not complete its work and perform in a workmanlike manner. The jury found the general […]

Prosecuting Public Payment Bond Claim

Miles Johnston d/b/a Johnston Drywall v Jan Five Corp. d/b/a Alexandra Construction, National Union Fire Insurance Company of Pittsburg and Hartford Fire Insurance Company Middlesex Superior Court C.A. MICV2002-04098 Successfully prosecuted subcontractor’s claims pursuant to M.G.L. c. 149 § 29 to judgment, and successfully defended delay claims and improper work claims by general contractor. Subcontractor […]