Client Successes

KCL Wins One of First Cases Under New Alimony Termination Law

Family law attorney E. Steven Coren successfully argued that their client was entitled to termination of his alimony obligation under the new Alimony Reform Act. The case was heard and decided in the Worcester Probate and Family Court under G.L. c. 208, §§ 48 and 49. The Court fully adopted KCL’s argument in its Order.

Under the Alimony Reform Act, “if the length of marriage is 20 years or less, but more than 15 years, general term alimony shall continue for not longer than 80 per cent of the number of months of the marriage.” The original divorce action determined the length of marriage to be 18 years. In order to warrant a deviation from this rule, the defendant had to show clear and convincing evidence to support any deviation based on a material, substantial and unforeseeable change of circumstances. The Court ruled that the defendant failed to justify any deviation.

In addition, KCL was successful in the same case in convincing the court that there was no showing of any material change of circumstances justifying an extension or increase of the alimony obligation.

SJC Reverses 20 Year Practice of Mass. Board of Registration in Medicine

In a June 9, 2015 decision, the Massachusetts Supreme Judicial Court, reversed the Massachusetts Board of Registration in Medicine ruling regarding the temporary suspension of a doctor’s license. Associate Justice Robert J. Cordy, in a Single Justice decision, found in favor of Kerstein, Coren & Lichtenstein’s client agreeing that a temporary suspension must be supported at the summary suspension hearing by a preponderance of the evidence, not just substantial evidence.

Judge Cordy’s ruling reverses more than 20 years of practice by the Massachusetts Board of Registration in Medicine. Andrew L. Hyams, a partner at KCL, was brought into the case after the doctor lost his medical license in a summary suspension hearing. Mr. Hyams represented the doctor in his appeal to the SJC.

The case is Sheldon Randall, M.D. vs. Massachusetts Board of Registration in Medicine.

Superior Court Judge Finds in Favor of KCL’s Client in a Real Estate Dispute

KCL represented a tenant with an option to purchase a waterfront property in Massachusetts. When the tenant failed to secure financing in accordance with the purchase and sale terms and missed their deadline, the seller sought to evict KCL’s client and to keep the funds paid by our client. KCL argued in Massachusetts Superior Court that the seller was not entitled to the keep the funds paid if they didn’t sell the property to our client. The Judge agreed and ordered the seller to return our client’s funds or to sell the client the property. The seller sold the property to our client.

Successfully Prosecuting a Major Civil Rights Class Action

Jeremy Y. Weltman served as co-counsel in the prosecution of a major civil rights class action filed on behalf of civilly committed patients at a state operated mental health/correctional facility. After aggressive litigation and initial discovery, the Commonwealth Defendants and a private vendor of mental health care treatment providers agreed to settle injunctive claims and enter into formal agreements outlining far-reaching injunctive relief for the class.

Protecting the Rights of the Disabled

Attorney Jeremy Y. Weltman represented a State affiliate of the largest nationwide organization of blind people in America in two separate public accommodation actions filed in the Massachusetts Commission Against Discrimination (MCAD) against a large virtual payment company and a start-up ride-sharing company. Upon filing and briefing, he engaged in length negotiations in each case resulting in the respective parties entering into a Structured Settlement Agreement & Accessibility Initiative whereby the clients received both injunctive relief and damages.

$1.34 Million Jury Verdict Awarded to KCL’s Client in Slip and Fall Case

A jury awarded Attorney E. Steven Coren’s client $1.34 million in what is thought to be the highest slip and fall jury verdict in the history of Norfolk Superior Court. The Judge in the case commended Attorney E. Steven Coren saying, “I’ve seen a lot of slip and fall, trip and fall cases, but I think that was about as well tried as I’ve seen, Mr. Coren. You did a fine job for your client.” Read the transcript from the case.

KCL Wins Appeal Affirming Successor Corporation Not Liable for Debts of Preceding Corporation

As appellate counsel in the case of Williams v. Vanaria, 2000 Mass. App. Div. 162 (2000), Attorney E. Steven Coren successfully represented the defendants before the Massachusetts Appellate Division, Northern District. The appeals court affirmed the trial court’s decision affirming the legal principle that a successor corporation is not liable for the debts of a preceding corporation where there are separation of identities, no transfer of assets, and separate bank accounts.

Link to Decision: https://casetext.com/case/williams-v-vanaria

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