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Story results for: Brangwynne
Purchase and sale of real estate - Part 2: An intro. to causes of action - by Michael Brangwynne
June 17, 2022
Introduction: In the previous installment, we looked at the requirements for forming a contract for the sale of real estate. Under certain circumstances, an executed initial Offer to Purchase will satisfy all of those requirements and will be binding and enforceable.
Business-to-business claims: An intro to causes of action - by Michael Brangwynne
January 21, 2022
A Quick Review of Chapter 93A In the most recent installment of this series, we discussed the Mass. Consumer Protection Act, which is codified at Massachusetts General Laws Chapter 93A. Chapter 93A makes it unlawful for a business engaged
Purchase and Sale of Real Estate - Part 1 - by Michael Brangwynne
November 19, 2021
Introduction: Agreements for the purchase and sale of real estate are governed by the same general contract principles that apply to any binding agreement between two or more parties. Nevertheless, there are certain legal issues that often arise in the purchase and sale of real estate
Unfair and deceptive practices: business-to-business claims - by Michael Brangwynne
July 23, 2021
In the most recent installment of this series, we discussed the Mass. Consumer Protection Act, which is codified at Mass. General Laws Chapter 93A. Chapter 93A makes it unlawful for a business engaged in commerce in the Commonwealth to commit unfair or deceptive business acts or practices,
Unfair and deceptive business practices: individual claims - by Michael Brangwynne
May 21, 2021
The Mass. Consumer Protection Act: Another common cause of action is for unfair or deceptive business acts or practices in violation of Massachusetts General Laws, Chapter 93A - the Massachusetts Consumer Protection Act. Under Chapter 93A, “unfair or deceptive acts or practices in the conduct of any trade or commerce” are declared unlawful.
Professional liability - An intro to causes of action - by Michael Brangwynne
April 16, 2021
A cause of action for professional malpractice is simply the extension of these principles of negligence to individuals who are serving their clients in a professional capacity. While the term “malpractice” is most often associated with professionals in the medical field, all professionals
Negligence: An introduction to Causes of Action - by Michael Brangwynne
February 19, 2021
In the last two installments of this series, we saw the importance of incorporating and obtaining appropriate business liability insurance to protect both personal and corporate assets from exposure to liability based on the careless acts of employees.
Negligence: An introduction to Causes of Action - by Michael Brangwynne
December 18, 2020
This is the fourth article in a series on the circumstances that can give rise to a civil lawsuit. Earlier articles in the series can be found on Fletcher Tilton’s website under Articles and on the NEREJ website. Negligence Generally In the last two installments of this series, we saw the importance of incorporating and obtaining appropriate business liability insurance
Business Liability Insurance: Intro. to Causes of Action - by Michael Brangwynne
November 20, 2020
This is the third article in a series on the circumstances that attach to a civil lawsuit. Earlier articles in the series can be found on Fletcher Tilton’s website under Articles and on the NEREJ website. In order to lay a proper foundation, it seems necessary to take one final detour before diving into the most common causes of action. As we saw in the second installment of this series, based on the principal of respondeat superior, an employee’s single careless act can have dramatic consequences on his employer’s business.
Corporate liability: An intro. to causes of action - by Michael Brangwynne
October 16, 2020
This is the second article in a series on the circumstances that can give rise to a civil lawsuit. The first article in the series can be found on Fletcher Tilton’s website under ARTICLES and on the NEREJ website. Corporate Liability Generally Before diving into a discussion of the most common causes of action - which are the combination of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party - it seems appropriate first to discuss corporate liability generally.
Under what circumstances can a civil lawsuit be filed? - by Michael Brangwynne
September 18, 2020
Despite references in popular culture to the contrary, one cannot sue another, or be sued for that matter, for any reason at all. To be more precise, a person could file a civil lawsuit against another for any reason under the sun
The New England Real Estate Journal's 2020 Ones to Watch Spotlight
May 29, 2020
The New England Real Estate Journal's 2020 Ones to Watch Spotlight
2020 Ones to Watch: Michael Brangwynne, Attorney at Fletcher Tilton PC
May 29, 2020
What advice can you offer to someone who is interested in a career in your industry? When I teach evening classes at Suffolk University’s Sawyer Business School on the Principles of Business Law
Secondary Engagement – Post-Trial and Appeal - by Michael Brangwynne
May 15, 2020
As we saw in earlier installments, the trial process ends with the finder-of-fact, typically a jury, announcing its verdict. In a typical civil lawsuit, the jury’s answers to the questions posed by the judge will determine the parties’ respective liability to each other
Civil litigation basics: Final assault - Trial concludes - by Michael Brangwynne
April 17, 2020
Presentation of Evidence As discussed in the previous installment of this series, once a jury has been selected (assuming the parties are proceeding with a jury trial) and opening statements have been given by counsel for each side,
On to the front line: Trial begins - civil litigation basics - by Michael Brangwynne
March 20, 2020
As discussed in earlier installments, the civil litigation process involves an assertion of claims by all of the parties to the dispute--a period of discovery during which the parties exchange information, evidence and testimony relevant to the dispute
Negotiating an armistice: Alternative dispute resolution and settlement - by Michael Brangwynne
February 21, 2020
An Introduction to ADR: As we discussed in the first article of this series, civil litigation at its core is a process for resolving legal disputes between two or more parties. United States citizens have a constitutionally protected right to access
Rolling out the big guns: Expert witnesses - by Michael Brangwynne
January 17, 2020
Fact vs. Opinion Testimony: At trial, witness testimony can essentially be broken down into two categories: Fact testimony and opinion testimony. Our court system favors percipient witnesses that have firsthand knowledge
Surprise attacks discouraged - Civil litigation basics - by Michael Brangwynne
December 20, 2019
This is the second installment in a series about the basics of the civil litigation process. If you are interested in reading the first installment, it is available on Fletcher Tilton’s website under the Knowledge Library where you will also find numerous excellent articles on litigation avoidance.
First shots fired: Filing of suit and initial pleadings - Civil litigation basics - by Michael Brang...
November 15, 2019
In earlier publications, my colleagues have written about best practices to avoid civil litigation. Those articles are available on Fletcher Tilton’s website under the Knowledge Center, and I recommend giving them a read. The purpose of this series is to provide some basic information