Category: Civil Litigation

Firm Secures Dismissal of Pipe Supplier from Mesothelioma Litigation

BARRY v. 3M COMPANY ET ALS. MIDDLESEX SUPERIOR COURT No. 1981CV03038 In this case, our firm secured dismissal of a long-time pipe supplier client from costly mesothelioma litigation filed against multiple manufacturers, suppliers and distributors in the New England area. Mesothelioma cases typically involve claims for wrongful death and/or permanent injuries (including pain and suffering) […]

Defense Verdict: Firm Prevails in Trial Over Commercial Property Eviction

Medway Auto Sales, Inc. v. McMullin Norfolk Superior Court No. 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 […]

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 […]

Proving Contractor’s Right to Payment on Homeowner’s Insurance Claim

Belfor USA Group Inc. v. Porter Stoughton District Court No. 2017CV75 In this District Court matter, our office represented the plaintiff contractor, which had performed emergency restoration services at the defendant’s home pursuant to an express written contract with the defendant.  The defendant’s counterclaims for consequential damages resulting from delay on the project were dismissed prior to trial.  After a […]

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 […]