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 […]
Recovery of Litigation Fees in Contract Disputes: Will I Get My Money Back if I Win?
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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?
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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 […]