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...
Massachusetts Overtime Law: Get Your Claim Filed
Are you working over forty hours a week and cashing your paycheck each week wondering if you have a claim against your employer for a violation of the overtime laws? Based on a ruling by the United States District Court for the District of Massachusetts in Firth v. TD...
LANDLORDS BEWARE: NEW HOUSING RIGHTS FOR VICTIMS OF VIOLENT CRIMES
On behalf of Law Offices of Richard Mucci posted in Criminal Law on Thursday, December 19, 2013. There are new housing rights for victims of domestic violence, rape, sexual assault and stalking. Victims of these crimes now have increased rights to: 1) break a lease;...
Special Rules: The Family Medical Leave Act And School Employees
On behalf of Law Offices of Richard Mucci posted in Employment Law on Tuesday, December 3, 2013.Did you know that there are special rules under the Family Medical Leave Act ("FMLA") pertaining to school employees? These rules provide specific Federal protections for...
Associational Discrimination In The Workplace: Can Claims Extend To Those Who Advocate For The Disabled?
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Tuesday, November 26, 2013. Can a special education coordinator pursue an associational discrimination suit against her employer school district that allegedly fired her in retaliation for her...
The Statutory Requirements For A Personal Guarantee: Don’t Compromise Your Business’ Rights To Enforce
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Thursday, November 21, 2013. What are the statutory requirements for a valid and enforceable personal guarantee to answer for the debt of another? Independence Park, Inc. v. Christy's of Cape...
Non-Solicitation Agreements And Contact Initiated By Former Customers: Can You Accept Their Business?
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Tuesday, September 24, 2013. Do you have the right to conduct business with a former customer who initiates contact with you if you signed a non-solicitation agreement while working for a...
FIRED BECAUSE OF YOUR ASSOCIATION WITH A DISABLED PERSON: YOU NOW MAY HAVE A CAUSE OF ACTION FOR DISCRIMINATION
On behalf of Law Offices of Richard Mucci posted in Employment Law on Wednesday, July 24, 2013.Massachusetts' antidiscrimination statute, G.L. c. 151B, §4(16), bars employment discrimination on the basis of handicap. Flagg v. AliMed, Inc., a recent Supreme Judicial...