Category Archives: Uncategorized
I have a civil action pending in Connecticut, can I withdraw my case without any ramifications if I don’t want to pursue it any longer?
4 March 2026 Maybe, it depends on what has happened in the case. Compared to other states Connecticut has a permissive approach to allowing a case to be dismissed, or in Connecticut this is termed “withdrawal.” Conn. Gen. Stat. § 52-80. The pertinent portion of the statute reads that “the plaintiff may withdraw . . […]
The city denied my application to fly a flag expressing my political views on a flag pole when it lets other people and groups fly flags, do I have recourse under the law to challenge the decision and will I win?
14 January 2026 Answer: Yes, and probably yes, as it appears you are the victim of viewpoint discrimination prohibited under First Amendment jurisprudence. In the case of Scaer et al. v. City of Nashua, New Hampshire, the citizens initially had their application to fly the “Save Women’s Sports” flag revoked and then soon later their […]
I received an unfavorable ruling in a case and then my reconsideration motion was denied as well, is it legally possible that the judge could see the light and reverse his ruling on his own and does he have the power to do so?
20 November 2025 Yes, the judge has the power to undo his ruling, at least until an appeals court takes jurisdiction. However, it is very unlikely it would happen. In the case of Anyaosah v. Copart of Connecticut, Inc the Massachusetts appeals court found that a judge had the power to vacate and reverse his […]
My college just treated me unfairly, can I bring an unfair business practices claim against it?
16 October 2025 Answer: Probably not, because such a claim requires the offending party to be “engaged in trade or commerce,” which when applied to private nonprofits that most colleges are, is a narrow scope of activity. In other words, if you are interacting with your college in a fashion that most students do, it […]
Police entered my enclosed porch area to investigate a report without my consent or knowledge, are they allowed to do that?
10 October 2025 Maybe not. It depends on the totality of the circumstances and whether your enclosed porch area was considered “curtilage” of your home at the time, however, it looks promising because generally police cannot enter the curtilage of your home to investigate without an qualified exception. First, we must understand the basics of […]
My town has pursued me civilly for violations without merit and continues to; is there anything I can do to recoup the damage done?
29 June 2024 Answer: Yes, you may have a claim for malicious prosecution and/or abuse of process. In Massachusetts, malicious prosecution includes not only the malicious bringing of criminal charges, the situation normally thought of, but also applies to the malicious bringing of civil claims. And you may have a claim for abuse of process, […]
I am litigating a matter and found a court rule that conflicts with a statute, which one controls and what should I do?
25 June 2024 Answer: When there is an irreconcilable conflict, the statute controls. It happens more than you would think in the law, two different legal authorities conflict and you are left to decide which to follow. With decisional authorities (case law), it is much easier to address as there is a hierarchy of judicial […]
Discovery obligations when suing a corporate defendant: does the corporation have to probe its employees?
14 June 2024 If you find yourself in the position of suing a corporate entity it is likely you will be facing the difficulty of obtaining discovery, that is usually defined holistically as relevant “information,” but usually boils down to sworn statements and documents, from your corporate defendant. In that case, you typically encounter resistance […]
My attorney tells me I must provide information to the other side in my civil suit and I don’t want to provide it, what should I do?
9 January 2024 Answer: Hand it over; or expect to face the consequences. It is common for litigants to not want to share information with their adversary, but that is required under our system of law, at least for relevant and requested information. Mass. R. Civ. P. There are serious consequences for not turning over […]
I just learned that my attorney is facing an ethics charge, what should I do?
21 December 2023 Answer: Learn the ethics complaint process (timeline), the likelihood of suspension occurring in your attorney’s case, and consider changing counsel, and do all this right away. There is a process to an ethics complaint. It can take a while. There are a few stages of ‘investigation.’ If it gets to the serious […]