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Massachusetts Civil Litigation Questions & Answers
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... 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... 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... 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... 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... 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... 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.

1 Answer | Asked in Civil Litigation and Real Estate Law for Massachusetts on
Q: What are my options if the real estate listing of purchased property was not correct (mis-leading)?

The property listing stated the home had a driveway with 4 car parking. This is not the case the home has no driveway or parking, the driveway in question is shared with the house next door, unable to park in driveway. The pervious owner and real estate agent misrepresented the property, e.g. I... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jun 27, 2017

What was disclosed in writing after the listing? Did you inspect? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... Read more »

1 Answer | Asked in Criminal Law and Civil Litigation for Massachusetts on
Q: Hi, I am in the process of writing my brief and appendix, it is due on Wed, 6/22. I need some case law that is related

I am up against a person using the harassment prevention 258E as means of retaliation. Not respecting the court by doing so, using the fabricated affidavitts as a way to obtain such order. Do you have any case law for me to reference? Please

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jun 20, 2017

Go to the local law library for help. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law... Read more »

1 Answer | Asked in Civil Litigation for Massachusetts on
Q: Is it legal for a judge to allow the defendant to speak first and present the case.
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jun 9, 2017

If the prosecution/ plaintiff passes on their right to speak first, that can happen. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... Read more »

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Massachusetts on
Q: Company that sued in small claims court sold my account. Who do I owe?

Credit card company took me to small claims court for a balance owed. We agreed to terms and that payment is made through the law firm representing them. Lawyer at court instructed me where to send payment. When I called that office they claimed they don't accept payments and to use their... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 16, 2017

The entity that purchased the right to the money would be owed the money from you, but they'd have to provide you written proof of that right. Otherwise you won't know whether they're trying to scam you or not. More details are necessary to provide a professional analysis of your... Read more »

1 Answer | Asked in Civil Litigation for Massachusetts on
Q: Must all interogatorries be answered during open discovery or just be sent to other party before discovery closes?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 2, 2017

You have to answer interrogatories within the deadline period, typically as noted thereupon.

See: http://www.mass.gov/courts/case-legal-res/rules-of-court/civil-procedure/mrcp33.html

More details are necessary to provide a professional analysis of your issue. The best first step is...
Read more »

1 Answer | Asked in Agricultural Law, Business Law and Civil Litigation for Massachusetts on
Q: Do you help low income homeowners with civil suits?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 27, 2017

More facts are needed. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice... Read more »

1 Answer | Asked in Civil Litigation for Massachusetts on
Q: How do I find lawyers that practice in both new Hampshire and massachusetts
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 9, 2017

Try the lawyer directory on this website, and check out the lawyer profiles which should tell you where each practices. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any... Read more »

1 Answer | Asked in Civil Litigation for Massachusetts on
Q: The court is not filing the documents even it was stamped filed? Whats going on here?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Dec 9, 2016

You can ask the Court Clerk why your pleadings were rejected: perhaps they have some sort of procedural failure. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any... Read more »

1 Answer | Asked in Civil Litigation for Massachusetts on
Q: WHATS A CIVIL COMPLAINT FOR
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Dec 1, 2016

It's used to sue a person or entity in Court for a civil wrong. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice nor does it create any Attorney-Client relationship.

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