Arbitration Requirement Despite the federal policy favoring arbitration, prospective plaintiffs continue to push courts to reexamine the enforceability parameters of arbitration agreements. These efforts have met with some success in cases where the arbitration agreement designates a particular ·arbitral institution to resolve a dispute between the parties, and the designated institution no longer exists at…
Medicaid Laws Impact Asset Preservation Planning
Back in 2007, Medicaid laws changed pursuant to Federal Deficit Reduction Act of 2005 (ORA 2005). The law revised treatment and use of Medicaid or MassHealth planning tools. The most often asked question after the new Medicaid laws went into effect is “So what planning tools are left for us to consider?” Medicaid laws are…
Charitable Trusts and Bankruptcy Proceedings
When testators or settlors create charitable gifts in trust for named institutional beneficiaries, when the contemplated distribution is ready to be made, sometimes it is found that the intended charity is involved in bankruptcy proceedings. Therefore, the question arises as to the proper disposition of such charitable gifts in trust to the bankrupt institutional beneficiaries….
Causation in an Equal Pay Act Retaliation Case – January 2017
As with most forms of employment discrimination, an employer’s retaliation against an employee for asserting discrimination under the Equal Pay Act (“EPA”) gives rise to an additional and distinct cause of action for the employee. To state a claim for retaliation under the EPA (as incorporated into the Fair Labor Standards Act), a plaintiff must…
Family Law – Business Valuation Upon Divorce – Goodwill
The South Carolina Supreme Court recently considered a case that provides a wealth of guidance on business valuation questions. Moore v. Moore, 414 S.C. 490, 779 S.E.2d 533 (2015). The issue was one that arises often in divorce cases – is the goodwill of a business part of the business value for purposes of a…
Ferriter Law one of 19 Corporate Leaders for 2016 – Holyoke Chamber of Commerce
Ferriter Law is one of 19 Corporate Leaders selected by the Holyoke Chamber of Commerce for 2016. The recipients are as follows: Peoples Bank Log Cabin|Delaney The Republican/Mass Live HGE HCC Dowd Agencies Holyoke Medical Center Peoples United Bank Marcotte Ford Resnic-Beauregard-Waite & Driscoll, Attorneys Goss & McLain Ferriter Law United Bank United Personnel Mountain…
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