On behalf of Law Offices of Richard Mucci posted in Criminal Law on Thursday, October 15, 2015. The Fifth Amendment to the U.S. Constitution provides that no one shall "be subject for the same offense to be twice put in jeopardy of life or limb." Most people...
Age Discrimination under Massachusetts and Federal Law
On behalf of Law Offices of Richard Mucci posted in Employment Law on Monday, September 28, 2015.Employees are protected from age discrimination by both Massachusetts law and the federal Age Discrimination in Employment Act. The First Circuit recently decided a case...
Formally Ending Business Arrangements in Massachusetts
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Tuesday, September 22, 2015. Things can get ugly when a business relationship breaks down. To avoid problems, when parties decide to stop doing business together, it is best for them to...
Appeals Court Allows Massachusetts Civil Rights Act, Abuse of Process, and Civil Conspiracy Claims in Condo Case
On behalf of Law Offices of Richard Mucci posted in Real Estate on Tuesday, August 18, 2015.When the relationship between condominium owners turns sour, the result can sometimes be lengthy and complex litigation, as occurred in the recent case of Wodinsky v....
The Collection of Zip Codes by Gas Stations and Massachusetts Consumer Protection
On behalf of Law Offices of Richard Mucci posted in Consumer Protection on Tuesday, August 4, 2015. Massachusetts has enacted laws to protect consumers, including a law that prohibits a business from requiring personal identification information, other than that...
Massachusetts Independent Contractor Statute Doesn’t Apply to Real Estate Salespersons
On behalf of Law Offices of Richard Mucci posted in Employment Law on Monday, July 27, 2015.It is often financially advantageous for a company to classify individuals as independent contractors rather than employees, but the individuals lose the benefits and...
Buyer Beware: Premises Liability Cases Where Customers Serve Themselves
On behalf of Law Offices of Richard Mucci posted in Tort Law on Thursday, June 25, 2015.In Massachusetts, businesses that allow customers to serve themselves may face liability for hazards created by customers moving the merchandise. In a recent case, the appeals...
Testamentary Capacity in Massachusetts
On behalf of Law Offices of Richard Mucci posted in Estate Planning and Probate on Monday, June 1, 2015.The Appeals Court of Massachusetts recently addressed the issue of testamentary capacity. In In the Matter of the Estate of Fred S. Rosen, a will contestant...
Massachusetts Does Not Require Notice of Adoption to Sperm Donor
On behalf of Law Offices of Richard Mucci posted in Family Law on Friday, May 15, 2015.The Massachusetts Supreme Judicial Court recently considered whether notice of an adoption petition must go to a known sperm donor. In this recent case, a married same-sex couple...
Equitable Adjustments in Massachusetts Public Construction Contracts
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Tuesday, May 5, 2015. Sometimes businesses must bid on jobs and sign contracts while there is still some level of uncertainty regarding the extent of work that must be performed and how much it...
Policies against Tipping Allowed under Massachusetts Tips Act
On behalf of Law Offices of Richard Mucci posted in Employment Law on Wednesday, April 29, 2015.The Tips Act protects certain Massachusetts service employees from having to turn over their tips to their employers, but what happens to the money left by customers in...
Massachusetts Erroneous Conviction Statute and Insufficient Evidence Cases
On behalf of Law Offices of Richard Mucci posted in Criminal Law on Monday, April 20, 2015. Massachusetts law allows a person who has been the subject of an erroneous conviction to pursue a claim for compensation. To recover, a person must first show that he or she...
Employers Beware: When A Lateral Transfer of an Employee Constitutes An Adverse Employment Action
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Monday, May 5, 2014. A Massachusetts Court recently decided that a lateral transfer of an employee could be considered an "adverse employment action" for the purposes of a retaliation claim...
GRONK: A Lesson in Trademark Infringement
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Tuesday, April 29, 2014. Rob Gronkowski is commonly known by his nickname GRONK. But did you ever have a brainstorm for a popular t-shirt featuring GRONK or any other Boston athletes' nickname?...
Can An Online Reviewer Be Sued For Defamation For Posting A Negative Review?
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Friday, March 28, 2014. As online review sites such as Yelp continue to grow in popularity, many users may wonder if a negative post can subject the user to a defamation lawsuit. This issue was...
Why The Supreme Judicial Court Ruled That The Disturbing Practice Of Upskirting Is Legal
On behalf of Law Offices of Richard Mucci posted in Criminal Law on Wednesday, March 5, 2014. In a decision that will certainly make the public wonder what were they thinking, the Massachusetts Supreme Judicial Court ruled that "upskirting" is not a violation of...
Are You Personally Liable for Contracts You Sign For Your Employer?
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Friday, February 28, 2014. Can an employee be held personally liable for executing a contract on behalf of his or her employer if the employer fails to pay? Recently, the Massachusetts...
Enforcement of Non-Compete Agreements When Damages Are Incalculable
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Monday, February 17, 2014. Recently, the Appeals Court of Massachusetts had to decide whether a preliminary injunction blocking a Defendant from accepting a new position with a competitor was...
Personal Injury: Are Those Terrible College Showers The Cause?
On behalf of Law Offices of Richard Mucci posted in Tort Law on Monday, February 3, 2014.Often people joke that the showers in college were so bad that they hurt...well if you intend to make the joke a reality and file a civil action in Massachusetts against your...
Strict Prevailing Wage Laws Can Equal Costly Mistakes
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Thursday, January 2, 2014. Recently, the Supreme Judicial Court affirmed that the Massachusetts prevailing wage statute is a strict liability statute and mistake or clerical error is no...