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Massachusetts Civil Litigation Questions & Answers
1 Answer | Asked in Divorce and Civil Litigation for Massachusetts on
Q: Awaiting Decision after Trial one year ago

We had our trial one year ago this month and I don't understand why it is taking so long to get a decision from the judge and also why does my lawyer fear submitting a status inquiry as to when a decision will be made?

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 9, 2019

You should discuss this with your divorce attorney. It is possible that he or she is aware of the Judge's calendar or other situation causing delay. The Court personnel may be/ probably are aware of the case remaining undecided as well. Your counsel probably does not want to anger or upset the... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Massachusetts on
Q: Medical Practice Owner in Breach of Contract

Practice owner has been approached by an investment party that want to buy 51% o the share. Owner is now giving notices and terminating all previous 'profit sharing' or branch partnership contract without any reason.

1. Is this legal?

2. As the investment company started the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 1, 2019

Your important questions cannot be answer here on Justia The concerns expressed are dependent upon the terms of all the written contracts involved; so you should contact a local business lawyer to advise you.

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Civil Litigation for Massachusetts on
Q: Is This a case of fraud and Grand Larceny?

The tow and storage fees services at Lynch (Manoli's) Towing are unfair after my vehicle was towed there after a car accident when my steering-wheel locked on April 26, 2017 ! I contacted an employee at Lynch Towing about the prices for tow storage and I was told inaccurate prices on two occasions... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 6, 2019

Neither. This is a contractual issue. Based on your facts as stated, you have known that your car was towed and secured behind locked gates since April 26, 2017--the date of the accident. Right?

You have also known since May 5, 2017 that the towing company charged a $455 towing fee, and...
Read more »

1 Answer | Asked in Civil Litigation and Civil Rights for Massachusetts on
Q: Difference between false arrest and false imprisonment?

Hello,

I filled a lawsuit because I was detained by security guards after I was accused of sleeping on a couch and therefore 'trespassing' and 'stealing' there was no evidence to support this and the company never proved their claims nor was I charged by police.

I attempted to... Read more »

Gary Kollin
Gary Kollin answered on Jan 31, 2019

It is amazing what you can find on the internet by googling

https://www.nolo.com/legal-encyclopedia/what-false-imprisonment.html

1 Answer | Asked in Civil Litigation for Massachusetts on
Q: My neighbors dog keeps doing his duty on my lawn even though I've asked him not to. What can I do?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 22, 2019

Perhaps a cease and desist letter from a lawyer may be the best first step, otherwise you might consider suing for trespass though that may be drastic. Have you considered a fence? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... Read more »

1 Answer | Asked in Real Estate Law, Consumer Law, Civil Litigation and Elder Law for Massachusetts on
Q: Can assessment of damages hearing be brought by condominium assoiation under rule 55b2 if no default?

Condo Association was denied preliminary injunction for rules violation in hearing 11/ 9/16. In Summary Judgment Hearing 11/9/17 Count I re violation was denied but allowed Count II for assessment of damages hearing. They applied under rule 55(b)(2) with Issuance of Notice to Sell (per MGL c.254... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 9, 2019

One concern may be whether her assets are going to be the subject of a lien and collections efforts. Another concern would focus on her estate after she passes: would judgment creditors seek reimbursement at that time? More details are necessary to provide a professional analysis of your issue. The... Read more »

1 Answer | Asked in Bankruptcy, Civil Litigation and Civil Rights for Massachusetts on
Q: Auto Dealer Bankrupt | Did not deliver the car not giving the money back

Hello All,

My Sister who is doing her masters here in USA, She applied for a car loan and received a bank cheque. We ha

Timothy Denison
Timothy Denison answered on Jan 7, 2019

What is the question?

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Libel & Slander for Massachusetts on
Q: Nolle Prosequi

The prosecutor filed a Nolle Prosequi in a case i was the defendant in. Can I file a civil lawsuit against the plaintiff for filing a false report against me? I live in Massachusetts, thank you

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 3, 2019

What is the basis for the prosecutor's decision to withdraw the complaint against you? Were you defamed or otherwise wrongfully prosecuted? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself.... Read more »

1 Answer | Asked in Civil Litigation for Massachusetts on
Q: Does every pleading need to be served in a case?
Zachary Alan Waksman
Zachary Alan Waksman answered on Dec 2, 2018

I am not sure what you mean.

If you are referring to Rule 7(a) of the Mass. Rules of Civil Procedure, it does not literally mean that each kind of pleading must be filed. Most civil actions will, at minimum, have a complaint and an answer to said complaint. Many defendants will file a...
Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Massachusetts on
Q: Which is State for rescinding a license to occupy a suite

What determines the State for the purpose of rescinding a license to occupy a suite (timeshare)

licensor State or The licensee State of residence

Michael Hales
Michael Hales answered on Oct 13, 2018

It will depend on the contract you signed, but even if says something contrary, the state where the property is located will almost always also apply. However, there can be some confusion about this, and I wrote an article about this very issue with my local bar that you can read here:... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for Massachusetts on
Q: I'm petitioning my college for a refund on room and board — should I ask for more?

I pay $60K/yr at my college. This year, the lock on my dorm has stopped working several times and I've had to pay to get let back in. The residence department did nothing to fix the issue when I contacted them.

Most recently, someone flooded the bathroom upstairs, which in turn flooded my... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 13, 2018

Only if you develop a problem from the mold. Ask for a meeting with the person in charge of residence halls. If they don't give you one then contact a consumer attorney with the Mass Academy of Trial Attorneys in your area.

1 Answer | Asked in Civil Litigation for Massachusetts on
Q: I was served at an adress i have never lived at before. Am I going to default in court
Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 16, 2018

If you have notice of the proceeding the best thing is to answer the Complaint or pleading to the effect that you just received this notice inadvertently and that the moving party or plaintiff was trying to obtain your default and deprive you of due process and seek time to answer appropriately.... Read more »

1 Answer | Asked in Family Law and Civil Litigation for Massachusetts on
Q: If parties agree before pre-trial how do we proceed ?

I have a pre-trial conference scheduled next week in Massachusetts for Custody/Support/Parenting Time,

Both parties have worked out personal issues over the last few months and have a schedule and support agreement that is working well for all involved adults and children.

The... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 9, 2018

You should prepare your written settlement agreement and have it executed before a Notary Public and have sufficient copies for each of you.

2 Answers | Asked in Estate Planning and Civil Litigation for Massachusetts on
Q: How can I protect my inheritance from my grandmother? There's no will.

I was left $28,000 by my grandmother who has died. She left it with a drug addict who threatens to take it every chance he gets. This happens to be her son. He is saying that the stipulation was that I have to go to medical school. I don't believe that was a stipulation. How can I make sure the... Read more »

John Espinosa
John Espinosa answered on Jan 14, 2018

If there is no will and no trust then you may not actually have any inheritance from your grandmother. If you do in fact have some claim to an inheritence as an heir of your grandmother's, then you could intervene in the probate court case for administration of the estate. You should consult with... Read more »

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1 Answer | Asked in Civil Litigation, Consumer Law and Personal Injury for Massachusetts on
Q: How do I go about finding if somebody has homeowners insurance and whether I would be covered

I was helping a friend put shingles on his roof and the board where I had my footing wasn't nailed down enough I was sitting down and I went sliding down the roof I broke my ankle in two spots I have to wear a cast for 18 weeks and they may have to go back in to remove fractured bones I also broke... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 8, 2017

Consult a member of the Mass Academy of Trial Lawyers --they give free consults. If you need names of such persons in Eastern Mass give me a call.

Q: What could I sue for in this drug test instance?

So my employer is the medical director at a psychiatrist office. I am an administrative assistant. His wife, who does not have a visa to work in this country, randomly drug tested me, in a public bathroom that is shared with the whole office building of different businesses, with a store drug test,... Read more »

Jonathan R. Roth
Jonathan R. Roth answered on Dec 4, 2017

First of all if the medical director's wife is here on a Visa that does not permit her to work, then she is prohibited from administering any drug test for your company or any other company. In that event the use of the drug test can be challenged. Second, Massachusetts does not have a defined law... Read more »

1 Answer | Asked in Civil Litigation and Personal Injury for Massachusetts on
Q: Can an organisation be held vicariously liable for the action of it employee causing harm to another employee of others?

The question is : can an employee of a company or the company itself or jointly be sued for the malicious act of that employee causing an employee of another company to lose his/her job without justification?

Jonathan R. Roth
Jonathan R. Roth answered on Sep 14, 2017

If the action by the company and/or the employee was with malicious intent, then it is an intentional tort. The issue then becomes whether the employee was acting within his/her official capacity or not. Anyone can file a lawsuit, the issue will be whether the action was outrageous or not and if... Read more »

1 Answer | Asked in Business Formation, Civil Litigation, Contracts and Consumer Law for Massachusetts on
Q: Who and where should I file a lawsuit against a company that is not in my state?

I was wondering who I should contact or just to go through small claims court in regards to a travel agency that promised to refund me and is giving the run-around as to why they can't refund me, after already promising to do so. Any information is greatly appreciated.

Will Blackton
Will Blackton answered on Aug 29, 2017

If you signed a contract with the travel agency (most likely for your original transaction, not the refund), that contract may contain a provision regarding consent to jurisdiction and governing law. If that provision exists, contact an attorney in the state described in that provision.

If...
Read more »

1 Answer | Asked in Civil Litigation for Massachusetts on
Q: I have found via a Google search an old case in which I am a plaintiff. How do I delete or expunge?

I am a school administrator and when you Google my name and the state of Oklahoma this is the first document that comes up. I wish to have it removed because it could impact my employment. Need assistance.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Aug 13, 2017

Public court documents cannot be destroyed. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... Read more »

1 Answer | Asked in Civil Litigation, Tax Law and Divorce for Massachusetts on
Q: Do I need to give a copy of my LLC 1065 to ex-spouse or just my K-1, re exchange of tax return docs annually

If I understand correctly, the 1065 is an informational filing for the partnership. I receive a K-1 from this to use on my individual return to report my income, losses etc. Is my ex-spouse entitled to see the partnership's 1065 informational filing or is it even relevant to my return? He is not a... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 8, 2017

You should review your Separation Agreement with your divorce attorney as soon as possible to make sure that you haven't obligated yourself to include this form in the exchange process.

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