A contract does not have to be in writing. A contract simply exists after a verbal offer was communicated and accepted. But, because of this ambiguity, it is not uncommon for businesses to have to deal with partners, suppliers, and customers who fail to meet their...
What is Business Litigation?
Litigation is the formal process by which a lawsuit is filed so that a judge or jury can resolve a legal issue. Litigation can involve a wide range of matters. Common types of litigation include: Criminal litigation; Family law litigation; Trust and probate...
Revocation of Acceptance of Goods under the U.C.C. in Massachusetts
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Sunday, October 16, 2016.The Uniform Commercial Code ("U.C.C.") is a uniform act that applies to certain commercial agreements, including the sale of goods. The U.C.C. addresses issues such as...
Massachusetts Arbitration Required Only for Claims Covered by Arbitration Agreement
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Thursday, July 7, 2016. Many businesses include alternative dispute resolution provisions as a standard part of their contracts. Sometimes, however, one party would prefer to litigate its...
Contracting with Massachusetts Resident Not Sufficient for Jurisdiction
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Thursday, April 21, 2016. Businesses frequently contract with other businesses on the other side of the country, or even on the other side of the world. Although most business arrangements do...
Manufacturer’s All Risk Insurance Doesn’t Cover Loss of the Product due to “Faulty Workmanship”
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Tuesday, April 12, 2016. Sometimes things go wrong in the performance of a contract. A failure to meet contractual requirements may result in a significant financial loss. Before making an...
Massachusetts Telecommuters and Jurisdiction Over Out-of-State Employers
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Wednesday, March 9, 2016. Many employees now telecommute or work from home for businesses that may be down the street or across the country. When disputes arise in employment arrangements in...
Massachusetts Statute of Frauds Doesn’t Bar Promissory Estoppel
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Tuesday, February 23, 2016. The Statute of Frauds, codified at Massachusetts General Laws Chapter 259 Section 1, requires that certain contracts be in writing in order to be enforceable through...
Who Can Sign? Authority Of Corporate Officers Of Charities In Massachusetts
Who Can Sign? Authority Of Corporate Officers Of Charities In Massachusetts On behalf of Law Offices of Richard Mucci posted in Business Litigation on Wednesday, December 9, 2015. Like for-profit businesses, charities also have corporate boards and corporate officers....
Formally Ending Business Arrangements in Massachusetts
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Tuesday, September 22, 2015. Things can get ugly when a business relationship breaks down. To avoid problems, when parties decide to stop doing business together, it is best for them to...
Equitable Adjustments in Massachusetts Public Construction Contracts
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Tuesday, May 5, 2015. Sometimes businesses must bid on jobs and sign contracts while there is still some level of uncertainty regarding the extent of work that must be performed and how much it...
Employers Beware: When A Lateral Transfer of an Employee Constitutes An Adverse Employment Action
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Monday, May 5, 2014. A Massachusetts Court recently decided that a lateral transfer of an employee could be considered an "adverse employment action" for the purposes of a retaliation claim...
GRONK: A Lesson in Trademark Infringement
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Tuesday, April 29, 2014. Rob Gronkowski is commonly known by his nickname GRONK. But did you ever have a brainstorm for a popular t-shirt featuring GRONK or any other Boston athletes' nickname?...
Can An Online Reviewer Be Sued For Defamation For Posting A Negative Review?
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Friday, March 28, 2014. As online review sites such as Yelp continue to grow in popularity, many users may wonder if a negative post can subject the user to a defamation lawsuit. This issue was...
Are You Personally Liable for Contracts You Sign For Your Employer?
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Friday, February 28, 2014. Can an employee be held personally liable for executing a contract on behalf of his or her employer if the employer fails to pay? Recently, the Massachusetts...
Enforcement of Non-Compete Agreements When Damages Are Incalculable
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Monday, February 17, 2014. Recently, the Appeals Court of Massachusetts had to decide whether a preliminary injunction blocking a Defendant from accepting a new position with a competitor was...
Strict Prevailing Wage Laws Can Equal Costly Mistakes
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Thursday, January 2, 2014. Recently, the Supreme Judicial Court affirmed that the Massachusetts prevailing wage statute is a strict liability statute and mistake or clerical error is no...
Massachusetts Overtime Law: Get Your Claim Filed
Are you working over forty hours a week and cashing your paycheck each week wondering if you have a claim against your employer for a violation of the overtime laws? Based on a ruling by the United States District Court for the District of Massachusetts in Firth v. TD...
Associational Discrimination In The Workplace: Can Claims Extend To Those Who Advocate For The Disabled?
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Tuesday, November 26, 2013. Can a special education coordinator pursue an associational discrimination suit against her employer school district that allegedly fired her in retaliation for her...
The Statutory Requirements For A Personal Guarantee: Don’t Compromise Your Business’ Rights To Enforce
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Thursday, November 21, 2013. What are the statutory requirements for a valid and enforceable personal guarantee to answer for the debt of another? Independence Park, Inc. v. Christy's of Cape...