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Hines (Mass. Appeals Court Dec. 6, 2022) where the Appeals Court struck down a liquidated damages clause in a commercial lease which purported to allow the landlord to recover a large financial penalty even though it was able to re-lease the premises. The case is a good example of what...
Berger v. 2 Wyndcliff LLC, Appeals Court (2017) Based on my analysis of current Massachusetts law, especially new case law considering similar restrictive covenants to the one here, I concluded that the original covenants had expired and that the attempt to extend them was futile. The issue ...
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Sheppard v. Zoning Board of Appeals of Boston:Appeals Court Overturns Variances, But Does Not Order Tear-Down Of South Boston Rehab Project Disabled Southie homeowner Robert McGarrell wanted to improve his living situation. McGarrell, who suffered chronic emphysema, planned to rehab his dilapidated...
The superior court judge reported the question to the Appeals Court, and the Supreme Judicial Court allowed ASGCC’s application for direct appellate review. The court remanded the matter to the superior court for entry of a declaration that neither statute prohibits ASGCC from engaging in free ...
The U.S. Court of Appeals for the First Circuit determined that the company, Riverdale Mills Corporation, did not have a reasonable expectation of privacy in preventing access to the wastewater. Consequently, the sampling did not represent an illegal search and, therefore, did not violate the ...
Hines (Mass. Appeals Court Dec. 6, 2022) where the Appeals Court struck down a liquidated damages clause in a commercial lease which purported to allow the landlord to recover a large financial penalty even though it was able to re-lease the premises. The case is a good example of what...
appeal could wind up before the entire Appeals Court or the Supreme Judicial Court. It is unclear at this point, and the timeline is unpredictable. More Confusion There is also a question as to the applicability of this ruling outside the parties in the case. The ruling was made in connect...