LaMothe, McNiff, Relethford

03/12/2026

03/27/2025

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03/22/2021

Evictions are often a difficult, emotional and timely endeavor.

Know the Rules!!! Some common defenses to eviction include:

- Failure to properly terminate the tenancy
- Incorrectly filled out notice to quit/complaint and summons
- State Sanitary code violations which landlord failed to correct
- Discriminatory eviction
- Valid Counter-Claims

03/18/2021

Massachusetts Tenants should know their rights on late fees.

Your landlord cannot charge interest or a penalty on late rent until 30 days after the due date.

Likewise, it's illegal for a landlord to reduce the rent if the rent is paid early or on time; because it is an end run around the late payment penalty.

It should be noted that a landlord may begin the eviction process when a tenant is one day late with rent.

https://www.mass.gov/info-details/tenant-rights

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.

Tenants should be aware of their rights and the remedies available to them as a tenant in Massachusetts. Learn the most common types of tenant rights in this guide.

03/16/2021

What's an IME?

An Independent Medical Examination or IME is a tool of the automobile insurance industry to make sure that a claimant has actually suffered injuries and requires additional medical treatment.

In Massachusetts an IME does not have to be a licensed medical doctor, only a physician. Ortiz v. Examworks, Inc., 470 Mass. 784, 792, (2015). Any appropriate licensed or registered health care practitioner, including physical therapists would be appropriate. Id.

Some important tips for an independent medical exam if you receive a notice in the mail.

Do not ignore your notice. If you receive an IME notice pay attention to it. The IME notice may not mention the automobile collision, or the insurance company at all. Many IMEs are done through third party providers, so if you see a request in the mail for a medical examination it may be related to a collision you had been in.

Review your notice. The IME notice should provide you the time, date, and place of the IME. If the IME is several hours away, call to reschedule somewhere closer. If the IME is at a time you cannot attend, call to reschedule another day. If the IME notice is confusing consult a lawyer. Most lawyers, including the lawyers at LMR will provide you with a free consultation.

Talk to your Attorney. If you have an attorney speak with them before your visit. They will be able to tell you what to expect in more detail. Also, they may have particular experience with the place you may be going.

Go to the IME. IMEs can be annoying. They may require you to take off work, obtain childcare or reschedule your life. However, missing an IME can cut off your benefits and negatively impact your personal injury case. If you incur expenses going to the IME track them and provide them to your attorney.

Be Truthful. This one should be obvious, you should be honest in your dealings, even if you would all prefer to fib about your weight or height honesty is imperative so that the IME can make an assessment. If you are caught lying, dire consequences could ensue. You should listen to the question the IME asks and answer just that; remember this is not your doctor, but a physician hired by the insurance company.

Be Courteous. Be early, wash, brush your teeth, dress well and pay attention. If you are going to be late, call ahead. If you cannot make it, try and reschedule. Making a good impression affects people, even physicians.

Note your interactions with the IME. We have heard from former clients that some IMEs do not take much time, and did not do much testing. If you create a record of when you arrived at the IME, what you were told, what tests were performed and how long you were there you can use that information. Taking someone with you can help with this documentation. Do not photograph or record anyone without their express permission!

If you are injured and an IME has been scheduled, or if you are a medical provider whose bills were denied because of an IME decision please contact us.

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.

03/15/2021

Security Deposits Are the Tenant's Money.

Landlords who violate these strict laws subject themselves to possible multiple damages and attorneys fees.

As is clear for anyone doing landlord/tenant work, a properly held and managed security deposit is imperative for landlords, who ignore it at their own peril.

A recent Massachusetts Appeals Court case highlights the perils for landlords failing to safeguard the security deposit.

Michelle Holdings, LLC v. Johnston, 99 Mass. App. Ct. 1106 (2021).

03/06/2021

Pit Bulls and the Responsibility of Landowners

A recent Massachusetts case illustrates the sometimes complicated nature of proving a negligence claim.

In a recent case, Creatini v. McHugh, the plaintiff was attacked by a pit-bull on a public street. The plaintiff sought to recover from the owner of the property where a tenant of the landowner had housed the pit-bull.

The court determined that the landowner was not negligent because the landowner could not have reasonably foreseen the pit-bull would attack anyone because the record did not reflect that the landowner was aware of the dog's aggressive nature or to attack passer-bys.

In making this determination, the Court stated there was no reason to treat a pit-bull as a dangerous instrumentality, which would require the owner of the property to take closest attention and most careful precautions as required for fi****ms, explosives, poisonous drugs or high tension electricity.

What did we learn? It can sometimes be difficult to know who is and is not responsible for injuries caused in differing circumstances. It is important to build the record and establish the key elements of negligence.

Creatini v. McHugh, 99 Mass. App. Ct. 126 (2021).

The information provided is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information may not constitute the most up-to-date legal or other information.

03/04/2021

Recently, a Massachusetts Appellate Division Court affirmed a Motion to Dismiss denying personal injury protection benefits ("PIP Benefits").

The plaintiff alleged her insurance adjuster told her that her lost wages would be covered under her PIP benefits and the adjuster would hold the $8,000.00 of benefits and not pay her medical providers until she was able to submit all the documentation.

The court analyzing the PIP statute found that the insurer was legally obligated to pay valid PIP claims as they came in. So when the plaintiff's medical providers submitted their claims the insurer could not hold on paying out to the medical providers, even though it allegedly promised to do so.

The PIP adjuster could not agree to violate the PIP laws and the court would not enforce an illegal contract to do so.

What does this case teach us?

1) If an insurance adjuster gives you false information it may affect your benefits and there may not be any recourse.

2) Whoever submits a valid claim to an insurer for PIP Benefits first will be protected by the PIP statute. Be first with a valid claim for PIP Benefits to secure your place in line.

GRISEL ROSARIO V. AMICA MUTUAL INSURANCE COMPANY, No. 19-ADCV-154SO, 2021 WL 797942, at *1–3 (Mass. Dist. Ct. Feb. 26, 2021).

03/03/2021

Tenants Win Damages for Illegal Rent Hikes.

Recently, the Massachusetts Appeals Court ruled in favor of tenants who faced illegal rent increases. The retroactive three year rent increase was an unfair and deceptive business practice.

Although the rent increase was approved by the Rent Control Board the Court determined the landlord should have known the law on retroactive rent increases.

See full case here. https://casetext.com/case/gates-v-mountain-view-mhc-llc.

Read Gates v. Mountain View MHC, LLC, 19-P-966, see flags on bad law, and search Casetext’s comprehensive legal database

03/02/2021

Hello World! LaMothe, McNiff, Relethford is ready to help. We will post on issues important to consumers, tenants and medical providers here.