Category: Law Blog

Avery Selected to Massachusetts Super Lawyers’ List

Attorney Ryan P. Avery of MIRAGEAS & AVERY, LLC has been selected to the 2019 Massachusetts Rising Stars List by Super Lawyers. Each year, no more than 2.5 % of the lawyers in each state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, a Thomson Reuters business, is […]

Establishing Prescriptive Easement Rights Over Driveway

Mongeau v. Masonic Building Association of Uxbridge Worcester Superior Court 1785CV00315 This bench (jury-waived) trial focused on our clients’ use of a driveway that ran over part of the defendant’s land in downtown Uxbridge. Defendant had started to block access to the driveway in 2016, leading our clients to seek a declaration from the court […]

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, […]

Massachusetts Ruling Signals Demise of the Independent​ Sales Representative

Regular W-2 employees are entitled to numerous benefits and protections under the law, including overtime pay, unemployment insurance, sick leave and, for many employers, health insurance. Employers are also subject to punitive damages for breaking many of the laws applicable to W-2 employees. But independent contractor status has its benefits too – an oftentimes higher […]

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 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 two […]

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 […]