Massachusetts Supreme Judicial Court Confirms Enforceability of Arbitration Agreements in Restaurant Delivery Company Employment Contracts

Massachusetts Supreme Judicial Court Confirms Enforceability of Arbitration Agreements in Restaurant Delivery Company Employment Contracts Thumbnail

Restaurant delivery services such as Grubhub became nearly ubiquitous during the height of the COVID-19 pandemic and remain part of the food service industry for the foreseeable future. Because employment disputes within this niche of the industry are common, the contracts that restaurant delivery companies use with their employees often contain arbitration provisions. But are…

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POSTED IN: Articles & Quotes, Employment Law, Hospitality Practice Group, Litigation

Appeals Court Issues Important Clarification of its Recent Prompt Payment Decision

Appeals Court Issues Important Clarification of its Recent Prompt Payment Decision Thumbnail

On June 24, 2022, the Massachusetts Appeals Court issued a revised decision of its recent highly anticipated opinion affirming judgment in favor of RIW’s client, a general contractor, under the Massachusetts Prompt Payment Act (the “Act”). The revision clarified a small, but significant part of the decision regarding whether an owner who has violated the…

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POSTED IN: Commercial Real Estate, Construction Law, Litigation

RIW Alert: RIW Construction Group Wins Appeal Under Massachusetts Prompt Payment Act

RIW Alert: RIW Construction Group Wins Appeal Under Massachusetts Prompt Payment Act Thumbnail

In a highly anticipated decision, the Massachusetts Appeals Court affirmed a $5 million judgment in favor of RIW’s general contractor client under a seldom-used law known as the Massachusetts Prompt Payment Act. In November 2020, RIW construction law attorneys Bradley Croft, Kirk McCormick, and Roger Smerage secured summary judgment in Suffolk Superior Court in favor of their client in…

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POSTED IN: Commercial Real Estate, Construction Law, Litigation

Ari N. Stern Joins Ruberto, Israel & Weiner as a Shareholder in the Litigation Department and in the Franchise Law and Hospitality Practice Groups

Ari N. Stern Joins Ruberto, Israel & Weiner as a Shareholder in the Litigation Department and in the Franchise Law and Hospitality Practice Groups Thumbnail

RIW is pleased to announce that Ari Stern has joined the firm as a shareholder in the Litigation Department and in the Franchise Law and Hospitality Practice Groups. Ari utilizes a pragmatic, interest-based approach to assist companies and executives in high-stakes commercial and employment disputes. Ari is a nationally-recognized franchise attorney whose expertise and leadership are a valuable addition to a…

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POSTED IN: Franchise Law, Hospitality Practice Group, Litigation, News

Kirk J. McCormick Named Chair of RIW’s Construction Law Group

Kirk J. McCormick Named Chair of RIW’s Construction Law Group Thumbnail

Kirk J. McCormick has been named Chair of RIW’s Construction Law Group. For over 20 years, Kirk has represented general contractors, subcontractors, sureties, owners, architects, and engineers throughout the United States on public and private construction projects. He has extensive experience with federal, state, and local government contracts, as well as a wide variety of…

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POSTED IN: Construction Law, Litigation, News

RIW Litigation Team Argues Three Appeals in One Week

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RIW’s Litigation Team, led by Chair Bradley Croft, argued three separate appeals – two before the Appeals Court and one before the Supreme Judicial Court – during a single week earlier this month. The cases included an appeal from a summary judgment which RIW secured for its general contractor client under the Massachusetts Prompt Payment…

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POSTED IN: Litigation, News

The Massachusetts Uniform Enforcement of Foreign Judgments Act – An Enforcement Tool, Not a Limitations Device

The Massachusetts Uniform Enforcement of Foreign Judgments Act – An Enforcement Tool, Not a Limitations Device Thumbnail

The Massachusetts Appeals Court recently clarified how judgments from other states can be enforced against assets located in Massachusetts pursuant to the Massachusetts Uniform Enforcement of Foreign Judgments Act (the “Act”). Enacted in 2019 and codified at M.G.L. c. 218, § 4A, the Act brings Massachusetts in line with an overwhelming majority of states that have enacted…

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POSTED IN: Litigation, News

RIW Attorneys Named Boston Magazine Top Lawyers 2021

Ruberto, Israel & Weiner congratulates our colleagues on receiving Boston Magazine’s Top Lawyers of 2021 designation.    

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POSTED IN: Commercial Real Estate, Construction Law, Corporate & Business, Litigation, News, Tax Law

Landlords Beware: Serial Plaintiffs Can Be Costly

Landlords Beware: Serial Plaintiffs Can Be Costly Thumbnail

Massachusetts residential real estate lessors, property managers and brokers are facing increased scrutiny over alleged Fair Housing Act (“FHA”) violations.  In fact, in recent months, over a dozen lawsuits have been filed in both State and Federal Courts, as well as the Massachusetts Commission Against Discrimination (“MCAD”) against various lessors, property managers and brokers of…

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POSTED IN: Commercial Real Estate, Litigation, News

The Effect of COVID-19 on Risk Allocation in Commercial Leases: Recent Superior Court Decision Provides Guidance

The Effect of COVID-19 on Risk Allocation in Commercial Leases: Recent Superior Court Decision Provides Guidance Thumbnail

In one of the first written decisions from the Massachusetts Superior Court on the practical impact the COVID-19 pandemic has had in the commercial real estate space, the Business Litigation Session in the case of UNMV 205-207 Newbury, LLC v. Caffe Nero Americas Inc. not only denied an attempt at summary judgment by the Lessor, but also…

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POSTED IN: Corporate & Business, COVID-19, Litigation, News