February 23, 2012

Litigation Blog

Massachusetts Law Can Apply To Out Of State Residents

A Massachusetts court recently ruled in a lawsuit brought by a Florida resident who worked for a Massachusetts company that the Massachusetts Wage Act applied to the Florida resident because the Florida resident had sufficient contacts with the Commonwealth of Massachusetts such that the Massachusetts Wage Act should apply.  The issue of which state’s laws should apply often arises in many lawsuits.  This is important as laws vary from state to state.  This is one reason why properly drafted contracts often have a provision addressing the state law that will apply to disputes regarding the contract.  This can help to avoid later disputes regarding which state’s law will apply.

If you have any questions regarding any litigation matter, please do not hesitate to contact one of the litigation attorneys at Doherty, Ciechanowski, Dugan & Cannon, P.C.

Budget Cuts Limit Access to Massachusetts Courts

One of the effects of recent budget cuts has been limiting the trial courts’ ability to respond to litigants and attorneys involved in lawsuits.  The budget cuts have caused decreases in staffing but the number of lawsuits and demands upon court personnel have certainly not decreased.   Lawyers have long seen delays caused by budget cuts.  As explained in this press release, these delays have now forced some courts to limit the times that they will speak to the public in person at the courthouse and answer telephone calls.  The dilemma caused by budget cuts to courthouse staff is not limited to Massachusetts as noted in the attached recent New York Times editorial.

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Threadbare American Justice – NYT Editorial

The dilemma caused by budget cuts to courthouse staff is not limited to just Massachusetts as noted in the recent New York Times editorial below.

New York Times Editorial
Published: August 17, 2011

It is an American article of faith that the path to justice runs through the courts. State courts, which handle a vast majority of civil and criminal cases, are in a state of crisis. Across the country, deep budget cuts and increased caseloads have created long delays and a denial of basic access to justice.

More than 48 million cases, excluding traffic cases, were filed in state courts in 2008. Since then, courts have been flooded with thousands of new foreclosures, credit card cases and other lawsuits driven by economic hardship. At the same time, the recession and the deepening budget crunch have led states to lay off judges, law clerks and other courthouse personnel, which means longer waits for trials and delays even for recording judgments so that cases can be resolved. [Read more...]

What happens when I am sued?

Everyday thousands of lawsuits are filed across the county and in the Common wealth of Massachusetts.  Typically, you first learn you have been sued when you are served with a copy of a Summons and Complaint by a judicial officer.  After receiving a Complaint, you should review it carefully and consult with an attorney experienced in litigation.  Depending on the type of the lawsuit, you may need to send a copy of the Complaint to your insurance company.

Shortly after receiving the Complaint, your attorney will file an Answer outlining your defenses to the lawsuit, as well as any counterclaims that you against the plaintiff, or cross-claims against co-defendants.  The case then enters the discovery phase, during which the parties make requests for information and take depositions to learn more about the case.  Once the parties are satisfied with the information they have received and have evaluated the merits of the case, the parties often try settle the matter.  The vast majority of cases reach are resolved by settlement negotiations, including some form of alternative dispute resolution like mediation, arbitration, or case evaluation.

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What should I do when I have been sued?

The first thing that you should do is to call an experienced Massachusetts litigation attorney. You should also be prepared to discuss with that attorney if you have insurance. You may have insurance that will pay for your legal fees to defend you in the lawsuit and pay any claim that may be entered against you in the lawsuit. It is important that you investigate if you have insurance as soon as possible as the insurance policy will most likely require that you notify the insurance company immediately or forfeit your rights.

You should also investigate if you have any benefits from your employer or groups that you belong to such as a union that will provide you with free or discounted legal services. You should also remember that once you have been sued whatever you say about the lawsuit to anyone could become the subject of court or deposition testimony. Because of this fact, you should be careful to say little or nothing about the lawsuit to anyone except an attorney because what you say to an attorney that represents you is protected by the attorney-client privilege. This is one reason why the first step when you are sued is to call an experienced litigation attorney to represent you.

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Massachusetts Judges vow to shut 11 courts

Two very common questions one has when they become involved in a law suit is what should they expect and how long will the process take? The answers to these questions just got very complicated.

A recent Boston Globe article discussed the political and legal problems that decreased funding is causing the Massachusetts court system. The decrease in funding has led to increasing delays in courts addressing cases. In turn, this has caused frustration for citizens involved in law suits in Massachusetts.

Being a party to a law suit in Massachusetts was already a time consuming and sometimes confusing process for people unfamiliar with the process. Getting a law suit through the Massachusetts court system when there were more funds available took years and that time line may now become longer. Massachusetts Courts now have less staff and fewer judges. This means it takes longer for a case to reach trial. Furthermore, court house closing are threatened, which will lead to further delays as more cases will be handled in fewer courts by fewer judges.

[Read more...]

Attorneys in Franklin Massachusetts and Medfield MA lawyers

The Massachusetts attorneys of Doherty, Ciechanowski, Dugan & Cannon provide legal services to Massachusetts businesses, families, and individuals in the practice areas of business law, criminal defense, divorce and family law, employment law, estate planning, personal injury, real estate, and litigation matters.

Our attorneys represent clients throughout Massachusetts and in every county of Massachusetts including Norfolk County, Suffolk County, Worcester County, Bristol County, Middlesex County, Plymouth County, Hamden County, Essex County and Barnstable County. Our attorneys represent clients in Massachusetts’ largest communities including the cities of Boston, Worcester, Springfield, Lowell, Cambridge, Brockton, New Bedford, Fall River, Lynn, and Quincy.

Our law offices are located in Franklin and Medfield and serve the Greater Boston MetroWest region and the neighboring towns of Bellingham, Milford, Upton, Hopedale, Holliston, Medway, Millis, Medfield, Norwood, Walpole, Sharon, Foxborough, Wrentham, Easton, Mansfield, North Attleboro, Norton, Plainville, Raynham, Taunton, Attleboro, Seekonk, Rehoboth, Uxbridge, Whittensville, and Worcester.