Category: Litigation

Landlords Beware: Serial Plaintiffs Can Be Costly

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

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

Client Alert: Ruberto, Israel & Weiner Construction Law Group Wins $5 million Judgment for its Client Under Massachusetts Prompt Payment Law

RIW Construction Law attorneys Bradley Croft, Kirk McCormick and Roger Smerage secured summary judgment for RIW’s client under a seldom-used law known as the Massachusetts Prompt Payment Act. In a case of first impression in Massachusetts, the superior court granted summary judgment in favor of RIW’s client, a general contractor, in a dispute arising over…

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POSTED IN: Articles & Quotes, Commercial Real Estate, Construction Law, Litigation, News

Adam G. Gutbezahl Joins Ruberto, Israel & Weiner’s Litigation Department

RIW is pleased to announce that Adam G. Gutbezahl has joined the firm as an associate in our Litigation Department. Adam represents both individuals and businesses in a wide variety of litigation matters, including complex commercial, employment, construction and real-estate disputes. Adam also regularly counsels clients in other litigation areas, including civil rights violations, class…

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POSTED IN: Litigation, News

Jeremy Y. Weltman Joins Ruberto, Israel & Weiner’s Litigation Department

RIW is pleased to announce that Jeremy Y. Weltman has joined the firm as a shareholder in our Litigation Department. Jeremy’s wide-reaching litigation practice focuses on finding successful resolutions to his clients’ legal issues. He represents both individuals and companies across a range of industries including hospitality, real estate, construction, healthcare, restaurant, and retail. Jeremy’s…

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POSTED IN: Litigation, News

Client Alert: Massachusetts State Courts Move Toward Resumption of Civil Litigation

Nearly three months after pausing civil litigation due to the COVID-19 crisis, the Massachusetts Supreme Judicial Court (“SJC”) has released a new emergency order, effective June 1, 2020 (the “June Order”), that lays out the present plan for resumption of civil litigation. Although the June Order’s plan is contingent upon there being no further surges…

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POSTED IN: Articles & Quotes, COVID-19, Litigation, News

Client Alert: Massachusetts State Courts Begin to Adjust for Civil Litigation in the COVID-19 Period

After all but shutting down civil litigation in mid-March 2020 (as discussed in a prior alert), Massachusetts state courts are beginning to chart a course forward for handling non-emergency civil litigation matters. For example, in the weeks after the March 17, 2020 Supreme Judicial Court (“SJC”) order closing courthouses and postponing trials (and its subsequent…

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POSTED IN: Articles & Quotes, COVID-19, Litigation, News

Client Alert: Massachusetts State Court Civil Case Management Impacts of COVID-19

Before the spread of COVID-19 last week, the Massachusetts court system—which consists of the Supreme Judicial Court (“SJC”), the Appeals Court, and the Trial Court (itself comprised of the Superior Court, District Court, Land Court, and Housing Court, among others)—was already stretched thin. For example, it is typical in many Superior Court civil sessions to…

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POSTED IN: Articles & Quotes, COVID-19, Litigation, News

Ruberto, Israel & Weiner Attorneys Michael Rosen and Bradley Croft Obtain a Precedent Setting Land Use Decision Affecting Cannabis Cultivation in Massachusetts

Ruberto, Israel & Weiner (RIW) attorneys, led by Land Use Attorney Michael Rosen and Litigator Bradley Croft, obtained a precedent setting land use decision affecting cannabis cultivation in Massachusetts. The ruling clarifies that the exclusion of cannabis from the definition of “agriculture” under MGL Chapter 40A, Section 3 (the Dover Act) applies only to the…

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POSTED IN: Articles & Quotes, Cannabis, Commercial Real Estate, Litigation, News

Roger L. Smerage Joins Ruberto, Israel & Weiner’s Litigation Group

RIW is pleased to announce that Roger L. Smerage has joined the firm as a member of our Litigation team. His practice focuses on complex business and commercial litigation in the financial services, telecommunications, technology, retail, and energy sectors, among others. Roger also advises clients on consumer and employment terms and conditions, as well as…

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POSTED IN: Litigation, News