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Can A Text Form A Contract?

By on May 18, 2017

Past issues of “Legal News” (Feb. 2014, Feb. 2016) discussed how an exchange of emails can be sufficient to form a binding contract and can satisfy the Massachusetts’ Statute of Frauds requiring a signed writing in contracts for real estate. Although informal, email has become an accepted means of communication in business and social interaction. […]

What is required to file a tort claim against a public employer?

By on April 26, 2017

Presentment requirement statute under the Tort Claims Act The Massachusetts Tort Claims Act (MTCA) eliminated traditional sovereign immunity from lawsuits for the state, cities and towns and most agencies, and permits tort claims to be brought against public employers in accordance with the procedure set forth in the Act, including presentment of claims within two […]

Medical malpractice claims are subject to statutes of limitations and repose in Massachusetts

By on April 15, 2017

Plaintiff loses appeal for injury-at-birth claim Sometimes after a lawsuit is commenced, facts will emerge through the discovery process identifying new claims or additional defendants. When that happens, under procedural rules, a Plaintiff can file a motion to amend the complaint and add facts, parties or causes of action. In Massachusetts, such amendments to the […]

When Going to the Gym Isn’t Good For You: Liability for Gym Injuries

By on March 30, 2017

People go to gyms to improve their health and physical condition. However, gyms also contain hazards that can cause significant injuries—and even death. According to the U.S. Product and Safety Commission, nearly 500,000 people sustain injuries related to exercise equipment alone each year. Although gyms owe a general duty of care to customers and visitors, […]