On behalf of Law Offices of Richard Mucci posted in Child Custody on Thursday, June 7, 2018. During a marriage, dividing parenting time is not an issue. Both parents live in the home and often spend time with the children together. When a Massachusetts couple...
Massachusetts Alimony Settlement Cannot Be Reopened Because of a Subsequent Clarification of the Law
On behalf of Law Offices of Richard Mucci posted in Family Law on Tuesday, January 10, 2017.Sometimes a case is in progress during or shortly after a change in the law, when its application and interpretation are still uncertain. In such cases, the parties may prefer...
Disability Discrimination Claims Under Federal and Massachusetts Laws
On behalf of Law Offices of Richard Mucci posted in Employment Law on Wednesday, December 14, 2016.The Americans with Disabilities Act (ADA) generally prohibits employment discrimination against qualified individuals on the basis of disability. A qualified individual...
Arbitration in Massachusetts Probate and Family Court
On behalf of Law Offices of Richard Mucci posted in Family Law on Tuesday, December 6, 2016.Mediation and arbitration are often less expensive and less stressful alternatives to litigation in family law matters. The parties must agree to submit to alternative dispute...
Massachusetts Search Warrants and Curtilage
On behalf of Law Offices of Richard Mucci posted in Criminal Law on Friday, December 2, 2016. Often at issue in drug cases is the validity of searches and seizures of evidence. Even when the police obtain a search warrant, a defendant may challenge a search that is...
District of Massachusetts Transfers Employees’ Case to District of Maryland Despite Wage Act Claims
On behalf of Law Offices of Richard Mucci posted in Employment Law on Monday, November 21, 2016.Both state and federal wage and hour laws protect employees' rights to receive payment of the wages due to them in a timely manner. In some cases, the court must determine...
Massachusetts Condo Association Can Establish Multiple Successive Priority Liens for Unpaid Common Expenses
On behalf of Law Offices of Richard Mucci posted in Real Estate on Wednesday, November 16, 2016.Massachusetts General Laws c. 183A, § 6(c) provides that a lien for the unpaid common expenses of a condominium is prior to all other liens on the unit except those...
Revocation of Acceptance of Goods under the U.C.C. in Massachusetts
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Sunday, October 16, 2016.The Uniform Commercial Code ("U.C.C.") is a uniform act that applies to certain commercial agreements, including the sale of goods. The U.C.C. addresses issues such as...
Agreement Entered Into When Developer Controlled the Board Is Enforceable Against Massachusetts Condo Association
On behalf of Law Offices of Richard Mucci posted in Real Estate on Friday, September 16, 2016.Property developers sometimes enter into agreements for the benefit of the development. Both the Uniform Common Interest Ownership Act (UCIOA) and the Restatement (Third) of...
Massachusetts Supreme Judicial Court Upholds FMLA Retaliation Verdict
On behalf of Law Offices of Richard Mucci posted in Employment Law on Friday, September 16, 2016.Eligible employees may take unpaid leave for up to twelve weeks during a twelve-month period for "a serious health condition" that prevents the employee from performing...
Massachusetts Appeals Court Includes Income in Child Support Calculation Despite Mother’s Waiver of Interest
On behalf of Law Offices of Richard Mucci posted in Family Law on Friday, September 9, 2016. Child support in Massachusetts is determined using the Massachusetts Child Support Guidelines. There is a rebuttable presumption that the guidelines apply to all child support...
No Right to Counsel for Massachusetts Defendant While Deciding Whether to Take a Breathalyzer Test
On behalf of Law Offices of Richard Mucci posted in Criminal Law on Tuesday, August 30, 2016. Pursuant to the Sixth and Fourteenth Amendments to the U.S. Constitution and Article 12 of the Massachusetts Declaration of Rights, a criminal defendant has the right to...
Massachusetts Employee Prevails in Retroactive For-Cause Termination Case
On behalf of Law Offices of Richard Mucci posted in Employment Law on Wednesday, August 24, 2016. The termination of an employee is always complicated, but it is even more complex when the employee has a high level position and an employment contract. When the...
Massachusetts Appeals Court Finds Court Doesn’t Have to Accept Stipulation of Contract’s Validity
On behalf of Law Offices of Richard Mucci posted in Real Estate on Wednesday, August 3, 2016.Breach of contract claims often involve disputes over the terms of the agreement, what occurred, and whether a party's actions constituted a breach. Sometimes, however, there...
Massachusetts Recreational Use Statute Doesn’t Bar Claim of Mother Who Bought Tickets for Her Kids
On behalf of Law Offices of Richard Mucci posted in Tort Law on Tuesday, July 26, 2016. Massachusetts, like many states, has what is known as a recreational use statute. Recreational use statutes provide some amount of immunity to landowners who open their property...
Massachusetts Arbitration Required Only for Claims Covered by Arbitration Agreement
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Thursday, July 7, 2016. Many businesses include alternative dispute resolution provisions as a standard part of their contracts. Sometimes, however, one party would prefer to litigate its...
Massachusetts Contractor May Be Liable for Building Code Violation at Owner’s Request
On behalf of Law Offices of Richard Mucci posted in Construction Law on Tuesday, June 21, 2016.Massachusetts law protects homeowners from contractors who violate the safety provisions of the building code. Unfortunately, meeting safety requirements can add to the...
District Court of Massachusetts Finds General Liability Policy Doesn’t Cover Injury to Sub-Subcontractor Employee
On behalf of Law Offices of Richard Mucci posted in Construction Law on Thursday, June 16, 2016. It is important for any business to be appropriately insured against loss and liability. A failure to have sufficient insurance can result in the business paying for not...
Massachusetts Employment Retaliation Claims Can Mean Treble Damages
On behalf of Law Offices of Richard Mucci posted in Employment Law on Tuesday, June 7, 2016.Employee claims, whether based on allegations of wage and hour laws or discrimination, can sour a workplace. Nevertheless, retaliation against an employee who has made a...
Unascertainable Beneficiaries in Massachusetts Trusts and IRAs
On behalf of Law Offices of Richard Mucci posted in Estate Planning and Probate on Friday, March 25, 2016. Failing to properly identify beneficiaries in accounts, trusts, or other estate documents can mean that your wishes will not be carried out. While a court may...