David Mack Quoted in “Summary judgment wrongly granted in easement dispute” in Mass. Lawyers’ Weekly
OCM partner David Mack is quoted in the cover story in this week’s issue of Massachusetts Lawyers’ Weekly. The case, Benvenuto, et al. v. Hanover, LLC et al., overturned the allowance of a motion for summary judgment where the trial judge disregarded testimony by a witness that contradicted earlier testimony from the same witness within the […]
Webinar: Understanding Consent-to-Settle in Professional Liability Policies
Take a 20-minute break to attend a webinar and learn something about consent-to-settle in professional liability insurance policies. OCM Partner Sean Carnathan explains the Massachusetts Supreme Court’s recent decision regarding the impact of Massachusetts Chapter 176D — the law of insurance unfair claims settlement practices — on consent-to-settle clauses in professional liability insurance policies. Sean […]
Sean Carnathan Publishes 2nd Edition of Massachusetts Bad Faith Insurance Litigation
OCM partner Sean Carnathan published the second edition of his book Massachusetts Bad Faith Insurance Litigation. The book provides a complete guide to bad faith insurance cases under M.G. L. Chapter 176D. Sean provides a history of bad faith law in Massachusetts, a comprehensive analysis of the statute (as well as related basis for suits), and […]
Recovery of Litigation Fees in Contract Disputes: Will I Get My Money Back if I Win?
Many clients faced with a contract dispute ask the question: “will the other side have to pay my legal fees if I win?” The default rule is no, unless your contract says otherwise. If there is no applicable contract provision (nor a statutory entitlement to legal fees), each party must bear its own legal fees. […]
Mediation vs. Arbitration: What Are They and How Are They Different?
Mediation and arbitration are two categories of “alternative dispute resolution,” also known as “ADR.” They are part of the ADR family because they are both “alternatives” to a court deciding which party is right and which is wrong. Beyond that, mediation and arbitration share almost none of the same qualities. Mediation is a voluntary process […]
OCM Secures Summary Judgment Against Overzealous Condominium Association
OCM attorneys Joseph Calandrelli and David Mack successfully defeated a lawsuit that attempted to give more support to the old adage, “No good deed goes unpunished.” When OCM’s client allowed a disadvantaged youth to reside in a condominium unit he owned for free while she finished her collegiate studies, he never thought his act of […]
Sean Carnathan Presents Ch. 176D CLE at Boston Bar Association
OCM partner Sean Carnathan will present “Ch. 176D Claims in Commercial Litigation: When Does Liability Become ‘Reasonably Clear?’” at the Boston Bar Association. The November 18 CLE course focuses on an issue that claimants, insurance carriers, and attorneys often struggle with in complex litigation cases – when and how a carrier must “effectuate a prompt, […]
OCM Receives “Best Law Firms” Ranking in Trusts & Estate Litigation
U.S. News & World Report and Best Lawyers ranked OCM in the 2020 edition of “Best Law Firms” in the Boston Metropolitan Tier 2 category for Litigation – Trusts & Estates. Firms included in the 2020 Edition of “Best Law Firms” undergo a rigorous assessment process that includes client and lawyer evaluations and peer review […]
4 OCM Attorneys Named to Massachusetts Super Lawyers and Rising Stars Lists
Four OCM attorneys have been named to the 2019 Massachusetts Super Lawyers and Rising Stars lists. The recipients are featured in New England Super Lawyers Magazine, which appears as a supplement in the November issue of Boston Magazine. Each year, Super Lawyers rates attorneys who have attained a high degree of peer recognition and professional […]
Sean Carnathan Presented “Recurrent Discovery Issues in Insurance Bad Faith Litigation”
Sean Carnathan chaired a panel at the Social Law Library’s October 3 seminar “Recurrent Discovery Issues in Insurance Bad Faith Litigation.” Additional speakers included the Honorable Brian A. Davis, Massachusetts Superior Court, Business Litigation Session; Martin Pentz, Foley Hoag LLP; and Daniel P. Tighe, Donnelly, Conroy & Gelhaar, LLP. The seminar highlighted the discovery issues that […]