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Civil Litigation

Wednesday, August 28, 2019

Digital Assets in Estate Administration (the Ajemian case)


Online and digital profiles and currency have only increased in popularity over the past decade and will likely do so for the foreseeable future.  Cash is being replaced by PayPal, Venmo, and BitCoins; the phone book has been replaced by Yelp, Facebook, and TripAdvisor; and bank and financial institutions send bills and statements through e-mail as opposed to regular mail.  While all of these technological innovations have their benefits, there is still the lingering question of what happens to your digital estate after you have passed away.  A recent Massachusetts case has analyzed a personal representative's authority to obtain access to the contents of a decedent's email and digital assets without express instructions from the decedent.

On August 10, 2006, John Ajemian passed away unexpectedly leaving no will.
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Monday, July 22, 2019

Order Regarding Amount-in-Controversy Requirement


Today, the Supreme Judicial Court announced that it will increase the procedural amount for civil actions in Boston Municipal and District Courts from $25,000 to $50,000,  thus increasing the minimum procedural amount required for cases filed in the Superior Court to $50,000.  This change will go in to effect on January 1, 2020. 

The reason for this procedural change is to try and reduce delays that are common with the disposition of civil cases.  This will also have a far reaching effect with the filing of cases that had damages which hovered around the $25,000 cut-off, including personal injury cases and contract disputes.

The Order Regarding Amount-in-Controversy Requirement under Massachusetts General Laws chapter 218, § 19 and chapter 212, §3 states:

"Under G.
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