SJC

09.01.2022 | Publications

Buyer Beware: The Return of Caveat Emptor

Sullivan v. Five Acres Realty Trust, 487 Mass. 64 (2020) The ancient maxim of caveat emptor means “let the buyer beware.” 1 Under this well-known legal doctrine, a seller is not liable to a buyer for defects in a property in the absence of an express warranty or fraud.2 Courts…

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11.21.2019 | Client Alerts

U.S. District Court Determines Massachusetts’ Statute of Repose Was Triggered Once Entire Multi-Phased Project Was Completed

By Peter McGlynn Massachusetts General Laws c. 260, § 2B established a statute of repose (“Statute of Repose”) for tort claims arising out of the defective design and construction of real property and bars recovery for an injury occurring more than six years after the earlier of (1) the opening… Read More

09.16.2019 | Client Alerts

SJC Confirms Landlords May Obtain Occupancy Payments During Eviction Proceedings and Outlines the Critical Factors

The Massachusetts Supreme Judicial Court (SJC) handed down a decision Sept. 16 confirming that judges hearing summary process eviction cases have the legal and equitable authority to require tenants to make interim use and occupancy payments to landlords while the cases are pending. The SJC’s decision in Davis v. Read More

08.02.2019 | Client Alerts

First Circuit Court of Appeals Withdraws Foreclosure Decision Adverse to Lenders and Certifies Question to MA Supreme Judicial Court

The First Circuit recently shook up the foreclosure industry with its decision in Thompson v. JPMorgan Chase Bank, N.A., 915 F.3d 801 (1st Cir. 2019), wherein the panel concluded that Chase, the holder of a mortgage on the Thompsons’ house, could not properly foreclose because the foreclosure notice advised the… Read More

11.28.2016 | In The News

Door opened for SJC to review sidewalk liability

Door opened for SJC to review sidewalk liability Appeals Court judge: common-law standard may be antiquated By: Kris Olson November 23, 2016 The case involved the control and maintenance of a sidewalk area outside Boston’s John Hancock Tower and a neighboring parking garage. Read More