Category: Civil Litigation

Defense Verdict: Firm Prevails in Trial Over Commercial Property Eviction

Medway Auto Sales v. McMullin Norfolk Superior Court 1582CV00900 In this case, our office secured the dismissal of all claims against our client, a commercial landlord in Medway that had been sued by its former tenant for breach of contract, wrongful eviction, conversion of property and violation of the Massachusetts Consumer Protection Statute (Mass. Gen. […]

MIRAGEAS & AVERY Secures Verdict in Hotly Contested Land Dispute

JUNE 2019 The Bristol County Superior Court recently awarded our clients title to four acres of disputed land in Berkley, which we successfully argued had been deeded twice (first to the former owners of our clients’ land).  The court’s decision follows a five-day bench trial held in March of 2019 that featured multiple expert witnesses on each side, […]

UNJUST ENRICHMENT: A NEW SUBSTITUTE FOR COMMON LAW MARRIAGE?

According to Black’s Law Dictionary, the legal principle of “equity” denotes a “spirit and habit of fairness, justness, and right dealing.” Given the ambiguous nature of what is “fair” and “unfair,” the application of equitable principles in our courts of law can lead to surprising outcomes. Take a recent Massachusetts case, Bonina v. Sheppard, in […]

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 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 2013-01040 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 unfair […]

Action for Adverse Possession and Quiet Title to Land

Duclos v. O’Leary et al. Middlesex Superior Court 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.