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March 2013 Archives

Home Improvement Contractors Beware: Your Arbitration Clause May Be In Peril

Does your arbitration clause comply with Massachusetts' Home Improvement Contractor statute? If not, you may find yourself precluded from arbitration. Home Improvement Contractors should review their standard contract terms, specifically any terms regarding arbitration in light of the Massachusetts Appeals Court's ruling this month in Mamaril, et al. v. Keller, et al.

The J. Geils Band's Name "Musta Got Lost" In Court

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 owns the name (even your own name) if there is a falling out between partners? If not careful, you could lose the rights to your own name. This is precisely the drama that is playing out in a Massachusetts' courtroom involving the famed rock band, The J. Geils Band. John W. Geils Jr. has filed a complaint claiming that his former band mates cannot legally use his name. 

Last Day of Employment? It Better Include A Cash-Out For Unused Vacation Time

Employers beware; gratuitous severance payments to former employees do not permit employers to deny separating employees their wages for accrued and unused vacation time. In Dixon v. City of Malden, a recent decision by the Massachusetts Supreme Judicial Court, the Court ruled that a violation of the Wage Act results in damages regardless of the employer's remedial payments to the Plaintiff and windfall by the Plaintiff.

Is Your Health Club Violating Massachusetts' Consumer Protection Laws?

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 Massachusetts, there are specific legal protections for individuals who are considering joining a club and for those already members of these clubs and wellness centers?

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