Product Description

Recent updates:

• Update: April 2025

  Dear Subscriber:

  Thank you for keeping your real estate law library and practice current with this 2025 edition of Crocker's Notes on Common Forms. This edition contains new material, including case decisions on the following topics:

  • Legal notice of state of title. A 2024 decision is cited, addressing the topic of equitable estoppel concerning the efficacy of a deed to convey title, based on the doctrine of estoppel in pais.

  • Licenses to sell for the payment of legacies. A 2020 decision addresses the personal representative's ability to convey title pursuant to a power to sell. A REBA title standard on point is also cited.

  • Local building and zoning laws; the impact on construction and rights in party walls. A 2023 case is cited related to a discussion of interior party walls and whether they separate a single structure for purposes of compliance with a zoning ordinance. The case notes this situation in a discussion of townhouses.

  • Bankruptcy. A 2023 case addresses reclassification of a tax debt from secured to unsecured prior to discharge in Chapter 13 proceedings.

  • Use of way. Several new cases have been added, including one addressing the impact of an order of discontinuance changing the status of a road on the public's right of access to the road.

  We at MCLE trust that you will find this new edition useful in your practice and valuable in keeping your law library current.

  Cordially,

  MCLE Press

Table of Contents

Chapter 01 expand

General Law of Damages in Massachusetts

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Stephen D. Riden, Esq., Beck Reed Riden LLP

Chapter 02 expand

Practice and Procedure in Damages Cases

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Courtney Worcester, Esq., Holland & Knight LLP

Chapter 03 expand

Settlement Evaluation and Negotiation

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David B. Mack, Esq., O'Connor, Carnathan, and Mack LLC

Chapter 04 expand

Damages in Sale of Goods, Insurance, and Employment

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Benjamin M. McGovern, Esq., Holland & Knight LLP
David J. Santeusanio, Esq., Holland & Knight LLP

Chapter 05 expand

Construction Contract Damages

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Stanley A. Martin, Esq., Commonsense Construction Law LLC

Exhibit 5A

- Flow Chart of Traditional Construction Contract Relationships Buy Form

Exhibit 5B

- Flow Chart of Designer-Builder Contract Relationships Buy Form

Exhibit 5C

- Flow Chart of Construction Management (Agency) Contract Relationships Buy Form

Chapter 06 expand

Land Sale Contracts and Loan and Lease Agreements

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Zachary W. Berk, Esq., Saul Ewing LLP
Peter S. Brooks, Esq.,

Chapter 07 expand

Damages for Bodily Injury

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Michael James Merriam, Esq.,

Checklist 7.1

- Bodily Injury Damages Checklist for Plaintiff Buy Form

Checklist 7.2

- Bodily Injury Damages Checklist for Defendant Buy Form

Chapter 08 expand

Damages for Personal Injury

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Harry L. Miles, Esq., Green Miles Lipton LLP

Chapter 09 expand

Damages to Real Property Resulting from Governmental Takings

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Alison Taylor Holdway, Esq., Greenberg Traurig LLP
James D. Masterman, Esq., Greenberg Traurig LLP

Exhibit 9A

- Complaint and Jury Claim: Eminent Domain Case Buy Form

Exhibit 9B

- Answer and Jury Claim: Eminent Domain Case Buy Form

Exhibit 9C

- Plaintiff’s Initial Set of Interrogatories to Be Answered by Defendant: Eminent Domain Case Buy Form

Exhibit 9D

- Plaintiff’s First Request for Documents: Eminent Domain Case Buy Form

Chapter 10 expand

Damages for Injury to Business Interests

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Sean T. Carnathan, Esq., O'Connor, Carnathan, and Mack LLC
Tara J. Myslinski, Esq.,

Checklist 10.1

- Questions to Ask at the Outset of a Freeze-Out Case Buy Form

Chapter 11 expand

Damages in Securities Actions

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Anthony L. DeProspo, Jr., Esq., Schwartz Hannum, PC

Chapter 12 expand

Third-Party Damages

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Hon. John A. Agostini, Superior Court, Commonwealth of Massachusetts

Chapter 13 expand

Damages in Chapter 93A Cases

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Angela Bunnell, Esq., Greenberg Traurig LLP
James P. Ponsetto, Esq., Greenberg Traurig LLP
David G. Thomas, Esq., Greenberg Traurig LLP
James M. Vant, Esq.,
Mian R. Wang, Esq., Greenberg Traurig LLP

Chapter 14 expand

Prejudgment and Postjudgment Interest

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Adam G. Cohen, Esq., Davids & Cohen, PC

Chapter 15 expand

Obtaining Attorney Fees in Civil Litigation

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Joseph D. Lipchitz, Esq., Saul Ewing LLP
Paige V. Schroeder, Esq., Saul Ewing LLP

Checklist 15.1

- Checklist for Submitting Fee Petitions Buy Form

Checklist 15.2

- Checklist for Opposing Fee Petitions Buy Form

Exhibit 15A

- Plaintiff’s Request for Award of Reasonable Attorney Fees and Costs Buy Form

Exhibit 15B

- Affidavit of Attorney Buy Form

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