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Author Archives: George Bourguignon

Author Archives: George Bourguignon

I had a harassment prevention order issued against me; can I ask the trial court to reconsider the decision at the same time that I appeal it?

12 September 2019 Answer: Maybe, as there is case law to support it, but it is safer to obtain leave from the appeals court that is handling the appeal to ensure that you don’t get tripped up by a trial court that may think otherwise. The general rule is that once an appeal is perfected […]

My bank is refusing to accept my mortgage payment, do I have a legal claim against it?

6 September 2019 Answer: Maybe, as there was a recent case that seemed to indicate it is grounds for a claim of breach of contract.  We will look at a recent case in which it was found to be grounds, but the author warns facts in a different situation must be similar enough to be […]

Are my statements about a large national company I purchased services or products from defamatory so that the company may have a valid claim against me?

29 August 2019 Answer: Maybe, but there could be hope to adequately defend against the suit based on a constitutional analysis of the facts giving rise to the debate.  A look at one of our President’s prior lawsuits sheds some light on this possibility. In one of Donald J. Trump’s many lawsuits, he countersued for […]

A competitor of mine out bid and stated it performed better work than my company to obtain a prospective client, do I have an interference with an advantageous relationship claim?

9 April 2019 Answer: Although the fact that your company only had the prospect of financial gain and business is enough to meet one of the elements, still, probably not. The elements of the tort of Interference with Advantageous Relationship are the following: A business relationship of contemplated contract of economic benefit; The defendant’s knowledge […]

A person has made several verbal threats to me and has made me scared, am I able to obtain a harassment protection order against them under Massachusetts law?

20 February 2019 Answer: Maybe, it depends mainly on the words used and the context in which they were conveyed. It happens; a person, maybe a neighbor or a co-worker, is continuing to make verbal threats towards you and you have had enough.  You have heard about a harassment protection order, (or maybe incorrectly referred […]

Do I have a claim for defamation if a newspaper reported an event inaccurately that hurt my reputation?

7 January 2019 Answer: Maybe, as it depends on just how inaccurate and how different from the truth the false statement was. In Butcher v. University of Massachusetts, the plaintiff was allegedly falsely accused of taking pictures of young women without their knowledge on a shuttle bus operated by a college with the implication they […]

Do I have an obligation to keep records that are related to the civil court case I am a party to even if they are my exclusive property?

3 January 2019 Answer: Yes, and there are ramifications for not maintaining such records. In Grieco v. Williams, a Massachusetts case litigated in the Business Litigation Session of the Superior Court, the defendant learned that there are ramifications for not maintaining relevant records.  Docket Nos. 1884 CV 03064 and 1884 CV 03065, Dec. 17, 2018.  […]

Are there consequences for not reading my mail?

27 September 2018 Answer: Yes, and serious ones. Some people stick their head in the sand and do not open their mail regularly or are selective in what mail they open.  These are not wise practices.  Some may think these practices are safe or even better for them.  They may believe the idea that if […]

Can my bankruptcy lawyer represent my family member that is being sued by the chapter 7 trustee for a fraudulent transfer in my bankruptcy case?

1 December 2017 Answer: No, because the attorney cannot simultaneously perform his duty to you, the debtor, and his duty to the family member and it appears to be a conflict of interest under Rule 1.7 of the Massachusetts Rules of Professional Conduct. Clients very often do not recognize or appreciate (or care) about their […]

If someone seeks a harassment protection order against me under Mass. Gen. Laws c. 258E and I lose, can they take my guns or my gun license?

28 October 2017 Answer: No, because that statute does not include that type of relief to be granted to a petitioner.  But there are many reasons not to let your guard down because there are other threats to your gun rights to be prepared for that could be based on the same facts. In a […]