Parker | Scheer LLP Blog

Foreclosures: The Effect of Foreclosures on Condominium Owners

Over the past decade, many Boston neighborhoods have seen a dramatic increase in the number of properties that have been converted from multi-family rental properties to condominiums.  This trend is particularly strong in neighborhoods like the South End, South Boston and Charlestown, and also has spread to neighboring Cambridge, Somerville and Arlington, among other Greater Boston communities.  This has proven, at least until very recently, to be a very lucrative development option for owners and property developers, while at the same time continuing to provide a great source of available housing to buyers, particularly first-time buyers, who wish to live in or close to downtown Boston.

School Sexual Harasment: Fitzgerald v. Barnstable School Committee

My most recent entry discussed the responsibility of School Districts with respect to claims of student sexual harassment.  A recent decision released on October 5, 2007, by the 1^st Circuit Court of Appeals addressed this same issue.  See  Fitzgerald v. Barnstable School Committee.  The pertinent facts of the case begin on February 14, 2001 when Jacqueline Fitzgerald, a kindergarten student in Barnstable, Massachusetts told her parent that each time she wore a dress to school an older student on her bus would bully her into lifting her skirt.  Jacqueline's mother, Lisa Fitzgerald immediately contacted the school principal Frederick Scully to report her daughter's complaints.

Sexual Harassment: Sexual Harassment in School

I was online this morning and I came across an article reported in the Dallas Morning News titled "Ex-student sues McKinney High over alleged harassment by peers."   According to the article, a former student filed suit in Federal Court on Tuesday alleging the school violated Title IX when it failed to respond to the student's complaints of sexual harassment.  Title IX, requires that public schools provide all students with equal access to education.   This article although just published seems to have an all too familiar sound.

Divorce: Britney's Custody Battle: A Sign of Changing Times?

I often get asked by my male clients about their chances of getting physical custody of their kids.  Unfortunately, more often than not I am relegated to admitting that in most cases it's a difficult prospect.  The reality is that even the most involved of dads wind up with joint legal custody, but primary placement goes to mom.

Divorce: Moving with Your Children After Divorce

We are such a mobile society.  This is especially true in the northeast where the states are small.  However, if you are divorced and have children, moving from state to state is more difficult than simply packing up and leaving.  If your ex has rights to see your child, it is smartest to get the court's blessing on the move.

Child Support in MA: Why am I paying So Much??

I once had a client who got divorced in Rhode Island.  We set his child support per the Rhode Island Child Support Guidelines before he was divorced.  He was happy with my services and referred his cousin to me who was just served with Massachusetts divorce papers.  The cousins both had 2 kids and earned similar wages.  When child support was set for the Massachusetts cousin, he hit the roof.  His child support obligation was much higher than that of his Rhode Island cousin.  Of course, at first he blamed me for dropping the ball.  Once I explained the stark reality of differences in child support calculation between the two states he no longer blamed me.  That's not to say he was happy...

MA Real Estate Law: Home Inspections with New Construction

An issue that frequently arises in the course of working with home buyers of custom built or newly constructed homes is how to incorporate a professional home inspection into the purchase and sale agreement.

The home inspection is often an essential component of any buyer's decision to move forward after making an offer on a home.  There are a wide variety of unknown issues that a skilled home inspector can identify, whether with the structure, systems, roof and other major components of a home.  Nearly all offers to purchase allow the Buyer to conduct a professional home inspection, and offer fairly wide latitude for a Buyer to terminate the deal if they learn of unknown or undisclosed problems.

Breast Cancer Medical Malpractice

Over the past several months I have been writing on employment issues, however after reading about Darrie Eason's story in New York I felt compelled to comment on it.  For all of you out there who believe that medical malpractice claims should be capped at some nominal amount or eliminated in their entirety please let me know if you feel the same way after reading about the medical care Ms. Eason received. 

Sexual Harrasment: Thomas and Madison Square Garden Liable in Sexual Harassment Suit

On October 2, 2007 a jury of four women and three men declared that New York Knicks' coach, Isiah Thomas and Madison Square Garden sexually harassed former team executive, Anucha Browne Sanders. 

Employement Discrimination: Small Necessities Leave Act

Yesterday I wrote about Mellen v. Trustees of Boston University which primarily focused on the way to calculate the twelve week leave period when an employee takes an intermittent absence under the Family and Medical Leave Act (FMLA).   Interestingly enough, Mellen also addressed the Small Necessities Leave Act (SNLA) which permits eligible employees to take up to a total of 24 hours of leave within a twelve month period to attend a child's school activity or accompany a child or relative to a doctor's appointment.  See M.G.L. c. 149 sec. 52D.