On behalf of Law Offices of Richard Mucci posted in Business Litigation on Monday, May 13, 2013. Does your business really know the time limits of payments in its marketing agreements based on commissions with outside vendors? Your business should scrutinize these...
Is Your Arbitration Dispute Resolution Policy In Your Employee Handbook Enforceable?
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Tuesday, April 23, 2013. Employers beware: you may be precluding your rights to arbitration if you maintain unilateral discretion to alter the terms of an employee handbook. In Domenichetti v....
Child Support Modification Standard Clarified And Simplified
On behalf of Law Offices of Richard Mucci posted in Family Law on Tuesday, April 2, 2013.Recently, the Supreme Judicial Court in Massachusetts clarified the standard for a parent to get a child support order modified. In Morales v. Morales, the SJC held that a...
Home Improvement Contractors Beware: Your Arbitration Clause May Be In Peril
On behalf of Law Offices of Richard Mucci posted in Construction Law on Wednesday, March 27, 2013. Does your arbitration clause comply with Massachusetts' Home Improvement Contractor statute? If not, you may find yourself precluded from arbitration. Home Improvement...
The J. Geils Band’s Name “Musta Got Lost” In Court
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Monday, March 18, 2013. Many businesses in Massachusetts are named after one of their founders or partners. For example, "Frank's Steakhouse," "Comella's," and "Don's Hardware Store," but who...
Last Day of Employment? It Better Include A Cash-Out For Unused Vacation Time
Last Day of Employment? It Better Include A Cash-Out For Unused Vacation Time On behalf of Law Offices of Richard Mucci posted in Employment Law on Thursday, March 7, 2013.Employers beware; gratuitous severance payments to former employees do not permit employers to...
Is Your Health Club Violating Massachusetts’ Consumer Protection Laws?
On behalf of Law Offices of Richard Mucci posted in Consumer Protection on Monday, March 4, 2013. Many Bostonians belong to health clubs, wellness centers, yoga centers or sports clubs while many others, at the very least, inquire about memberships. Did you know, in...
Property Rights Washed Away by the Ocean
On behalf of Law Offices of Richard Mucci posted in Real Estate on Wednesday, February 20, 2013.Recently, the Supreme Judicial Court affirmed in White, et al. v. Hartigan, et al. that a Martha's Vineyard landowner's property rights to an exclusive beachfront property...
Appeals Court Eases the Restriction on Condominium Associations to Bring Construction Defect Claims Against Contractors and Developers
On behalf of Law Offices of Richard Mucci posted in Construction Law on Friday, February 15, 2013. In a significant opinion, the Massachusetts Appeals Court has made it easier for condominium associations to recover for common area construction defects. In Wyman v....
Title Insurance: Don’t Buy Real Estate Without It
On behalf of Law Offices of Richard Mucci posted in Real Estate on Thursday, February 7, 2013.The Land Court's decision in HS Land Trust v. Gonzalez reminds us all of the importance of title insurance when buying real estate and the often overlooked method of...
Signed Contracts Are the Only Path to Support Mechanic’s Liens
On behalf of Law Offices of Richard Mucci posted in Construction Law on Wednesday, January 30, 2013. The importance of Massachusetts contractors and material suppliers having signed written agreement with their customers before supplying any labor/materials was...
Brokers May Be Liable For Misrepresentations Even Though Purchase and Sale Agreement Limits Liability
On behalf of Law Offices of Richard Mucci posted in Real Estate on Thursday, January 24, 2013.Brokers and sellers of property need to be cautious of what they put in writing to advertise a property for sale. The Massachusetts Appeals Court in DeWolfe v. Hingham Centre...
Specially Fabricated Goods: The Fabricator’s Rights to Lien
On behalf of Law Offices of Richard Mucci posted in Construction Law on Monday, January 14, 2013. Recently, we have seen an increase in the number of purchasers of specially fabricated goods after the goods have been fabricated refuse delivery of the order and/or...
Landlords Beware: Court Expands Massachusetts Building Code Strict Liability Standard to Mixed Used Residential/Commercial Buildings
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Friday, January 4, 2013. Landlords beware a Housing Court Judge has ruled that an owner of a mixed used residential/commercial building is "strictly liable" for a drunk tenant's fall through a...