DeMoura|Smith Appellate Victory Selected As One
Of 2014's Most Important Decisions
By Massachusetts Lawyers Weekly
Boston, MA – January 5, 2015.
A favorable decision obtained by DeMoura|Smith for one of its clients has
been selected as one of the most important decisions for 2014 by Massachusetts
Lawyers Weekly in its January 5, 2015 issue. In
Keane v Waggoner, the Massachusetts Appellate Division reversed a judgment in favor of
a limited liability company because its members failed to disclose that
they were acting on behalf of the LLC rather than as individuals doing
business under a trade name. The decision, according to Ken DeMoura, "reinforces
the rule that individuals who act in a corporate or representative capacity
must take affirmative steps to disclose their representative capacity
or risk being held personally liable." The court recognized that
the onus is on the individual defendants to be clear about the corporate
capacity of the entity and their role as representatives of a corporate
entity when entering a contract.
The decision reversed a jury verdict in favor of the LLC for over $60,000.
DeMoura|Smith was retained by the Keanes after the trial to handle the
post-trial motions and appeal. A copy of the full opinion is available
PAUL ROBERTSON AND KEN DEMOURA OFFER PRAGMATIC INSIGHT ON CONTRACTUAL OBLIGATIONS DURING COVID-19 PANDEMIC TO CLIENTS, TO BOSTON BAR ASSOCIATION AND TO BOSTON GLOBE SMALL BUSINESS INITIATIVE. The ...
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On April 27, 2020, the Massachusetts Supreme Judicial Court issued a new order limiting access to all state courts until June 1, 2020 to address continued concerns arising from the COVID-19 pandemic. ...
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At DeMoura|Smith we consider our Trusts & Estates practice as Heart-Centered law because we help our clients with matters closest to the heart. Our families, our own health and our wishes for the ...
Continue reading "DS Offering Healthcare Workers, First Responders and Essential Service Employees Complimentary HealthCare Proxy and Power of Attorney Documents During Covid-19 Crisis" »
D|S FRAUDULENT INDUCEMENT VERDICT AMONG LARGEST IN MASSACHUSETTS OVER LAST YEAR $5.36 MILLION JURY VERDICT FOR FORMER CFO After a four-week trial, a Lawrence Superior Court jury awarded $5.36 million ...
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Boston, MA. January 31, 2019. Boston trial lawyer Ken DeMoura has been selected to lead the Litigation Counsel of America as its 2019 President. The LCA is an invitation-only trial lawyer society ...
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MASSACHUSETTS EMPLOYER ALERT : All Massachusetts businesses with six or more employees are required to file a Health Insurance Responsibility Disclosure (HIRD) by November 30 through the Mass DOR ...
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Sharna Favuzza of Woburn, Massachusetts has been elected a partner at DeMoura|Smith LLP. Since joining the firm as Counsel in March 2013, Sharna has developed a “heart-centered” and ...
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DeMoura|Smith partner Ken DeMoura started his two-year term as Chair of the Complex Commercial Litigation Institute at the organization’s October conference in Miami Beach, Florida. DeMoura has ...
Continue reading "Ken DeMoura Selected to Lead National Commercial Trial Attorneys Institute" »
Companies that retain independent contractors in Massachusetts must familiarize themselves with the state's stringent independent contractor statute and the consequences of misclassification. ...
Continue reading "EMPLOYEE OR INDEPENDENT CONTRACTOR? The Wrong Classification Could Cost Your Massachusetts Company Plenty." »