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November 2016 Archives

District of Massachusetts Transfers Employees' Case to District of Maryland Despite Wage Act Claims

Both state and federal wage and hour laws protect employees' rights to receive payment of the wages due to them in a timely manner. In some cases, the court must determine which laws, including the laws of which states, apply to a plaintiff's claims. In file000126221232Ossenbruggen v. Cowan Systems, LLC, the District Court of Massachusetts had to consider whether Maryland would apply its own wage laws or Massachusetts' Wage Act in determining if it was appropriate to transfer the case in accordance with a forum selection clause in the contracts between the parties.

Massachusetts Condo Association Can Establish Multiple Successive Priority Liens for Unpaid Common Expenses

Massachusetts General Laws c. 183A, § 6(c) provides that a lien for the unpaid common expenses of a condominium is prior to all other liens on the unit except those recorded before the master deed was recorded, a first mortgage on the unit recorded before the assessment became delinquent, and liens for property taxes and other municipal assessments. The statute further provides that the lien for common expenses does take priority over a first mortgage to the extent of the common expenses assessments that would have become due absent acceleration in the six months immediately preceding the filing of the action to enforce the lien, as well as costs and reasonable attorneys' fees to enforce that lien.

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