Cellai Law Offices, P.C.

355 Congress Street, Suite 2B
Boston, Massachusetts 02210
Telephone: (617) 367-2199 Facsimile:  (617) 367-2075
Email: carlo@cellailaw.com

OUR REPORTED DECISIONS AND ARTICLES

MASSACHUSETTS LAWYERS WEEKLY – OPINION DIGEST

State Long Arm Statute— Massachusetts Lawyers Weekly, July 24, 2006
Massachusetts state long arm statute can reach to extend to out of state debtor who retained Massachusetts law firm for out of state transaction.
Suffolk County Superior Court

Attorney Lien – Interest – Massachusetts Lawyers Weekly, January 2, 2006
Attorney is entitled to interest on an attorney lien from the date that the amount of the lien is determined due through the time within which the amounts are paid.
Craft v. Kane, Executor,
5 Mass. App. Ct. 322, 839 N.E.2d 854 (2005), Massachusetts Appeals Court

Federal District Court —Dual Citizens Destroys Complete Diversity —
Massachusetts Lawyers Weekly, March 21, 2005
Defendants who removed an action filed by Carlo Cellai, Esq. on behalf of his New Jersey corporate client, a corporation with its principle office in Paris, France, from the Essex Superior Court to the Federal District Court for the District of Massachusetts on the grounds of diversity jurisdiction, was remanded to the Essex Superior Court. The Defendant, Patrick Sautin was a dual citizen of both France and the United States. Mr. Sautin was not domiciled in any state and as a result, he is considered a stateless United States Citizen. As a stateless duel United States and French citizen, Mr. Sautin destroyed complete diversity with the Plaintiff, a New Jersey corporation even though the New Jersey corporation had its principle place of business in Paris, France.
Falken Industries, Ltd. V. Patrick Sautin and Christian Johansen
United States District Court , District of Massachusetts

Child Support Arrearage – Decades Old Order - Massachusetts Lawyers Weekly, July 19, 2004
The enforcement of a decades old Support Order by Cellai Law Offices, P.C. was not barred by the Statute of Limitations, the doctrine of laches nor was the enforcement of the order barred by the presumption of payment under Massachusetts General Laws chapter 260, section 20. The only applicable doctrine to a child support order in Massachusetts is the presumption of payment after 20 years. The presumption is rebuttable and was successfully rebutted.
Galvin v. Galvin, Suffolk County Probate Court

Attorney Lien – Quantum Meruit, - Massachusetts Lawyers Weekly, May 31, 2004
An attorney may recover in quantum meruit after being discharged, even if the discharge was in good faith.
Craft v. Kane, Executor, Essex County Superior Court.

Employee of General Contractor Who Violated Anti-Kick Back Statute Cannot Recover - Massachusetts Lawyers Weekly, October 14, 2002
An employee of a general construction contractor who was represented by Carlo Cellai, Esq., was not allowed to recover an illegal kick back. The general construction contractor's employee was responsible to hire subcontractors for a Federal construction project at the Otis Air Force Base. The employee of the general contractor sued a subcontractor on a Federal construction project at the Otis Air Force Base but cannot recover the amounts that he claims to be due as the amounts claimed due amounted to an illegal kick back in violation of 41 U.S.C. section 51, et seq. The employee of the general contractor held himself out as an independent contractor in the procurement of a subcontract. The subcontractor agreed to pay the employee of the general contractor a fee for the procurement of the contract. When the employee sued both the general contractor in a reach and apply action as well as the Subcontractor, the Court entered judgment in favor of the general contractor and the subcontractor as the fee sought amounted to an illegal kick back in violation of 41 U.S.C. section 51, et seq
Richard K. Yohn v. L.A. Ruiz Associates, Inc. and Roy's Towing, Inc.
Barnstable County Superior Court

Interlocutory Review is Generally Not Available in Massachusetts District Court - Massachusetts Lawyers Weekly, September 2, 2002
A litigant that sought interlocutory review of a Default Judgment in the District Court department obtained by Carlo Cellai, Esq. on behalf of his client was denied as not ripe for appeal. The right of appeal in the District Court is primarily limited to appeals of final orders.
Appellate Division of the District Court

Bounced Check Fraud— Massachusetts Lawyers Weekly, November 5, 2001
A Defendant obtained cash advances by depositing checks that were drawn on closed accounts and accounts with insufficient funds to pay the check. Carlo Cellai, Esq. successfully litigated a fraud adjudication against the Defendant on behalf of the payor bank. The Defendant was found liable to the payor bank for fraud.
Danvers Savings Bank v. Joseph Keane, Salem District Court

Collapse of a Building, Insurance—Massachusetts Lawyers Weekly, September 10, 2001
Carlo Cellai, Esq. successfully represented a tenant of a waterfront building against its insurance carrier arising out of the collapse of a commercial building. The insurance company defended on the ground that the building did not collapse. The Superior Court ruled that the altered appearance of the building and the suddenness with which the altered appearance occurred amounted to a collapse of the building as a collapse is defined in the business policy of insurance covering the Fifth Congress Trust.
DiLibero, Trustee of the Fifth Congress Trust v. Vermont Mutual Insurance Company
Suffolk Superior Court

Attorney Lien – Massachusetts Lawyers Weekly, June 4, 2001
An attorney's lien attaches to any monetary settlement arising out of a case that has been litigated, even when the case ends through a stipulation of dismissal.
Craft v. Kane, 51 Mass. App. Ct. 648 (2001), Massachusetts Appeals Court

Receivership – Massachusetts Lawyers Weekly, June 4, 2001
Carlo Cellai, Esq., the Receiver of a distressed corporation correctly allowed payment of a debt owed by the distressed company in receivership to the Intern al Revenue Service over the secured creditor's claim because the secured creditor allowed its UCC financing statement to lapse. The receivership was found to be “one of the most complicated receiverships that [the Suffolk Superior Court] has dealt with over the past 12 years.”
Seaman Bratko Corp. v. Atlas Contractors Co., Inc., Suffolk Superior Court

Owner Who Settled with Subcontractor Violated M.G.L. c. 93A (the Consumer Protection Statute)—Massachusetts Lawyers Weekly, June 21, 1999
Carlo Cellai, Esq. successfully represented a general contractor against an owner that wrongfully refused to pay the general contractor the full amount due under the contract and who sought to undermine the general contractor's damage claim by settling and compromising the payments due from the general contractor to its subcontractors for less than the full amount due. The Owner paid the subcontractors 50 to 70 cents on the dollar for the amounts that they were owed. One of the contractors stated that he would never work with the general contractor again.

Partition of Real Estate for Debt – Massachusetts Lawyers Weekly, August 18, 1997
Cellai Law Offices successfully represented a creditor at a trial on the merits and obtained a Judgment in favor of the creditor in the amount of $27,000.00. Cellai Law Offices, on behalf of its client, levied and sold the debtor's one half interest in a beach front house in Scituate, Massachusetts. When the debtor failed to redeem the real estate within one year, the creditor became the absolute owner of the debtor's one half interest in the house. The creditor filed a petition to partition and sell the beach front house. After a trial on the merits, the beach front house was sold for $300,000.00. The creditor that was represented by Cellai Law Offices was entitled to the full $150,000.00 that represented its one half interest in the beach front house. The Court rejected the co-owners theory that the balance of the proceeds, above the Judgment amount, should be paid over to the original debtor. The Court ruled that when the one year right of redemption passed, the debtors rights in the beach front house expired and the debtor's ownership interest in the beach front house became absolutely and unconditionally owned by the creditor.
DiLibero v. Haugh, Plymouth County Probate Court

House Ruined Legatee Gets Fire Insurance Proceeds—Massachusetts Lawyers Weekly, July 25, 1994
A specific legatee of a house and associated real estate who was represented by Cellai Law Offices was entitled to receive the insurance proceeds generated as a result of a fire which partially damaged the house and in which the testator simultaneously died. The fire was caused by the decedent smoking in bed and the decedent-testator died in the fire. The fire that resulted from the decedent smoking in bed partially damaged the house. The Executor took the position that the specific bequest adeemed to the extent of the insurance proceeds paid by the insurance carrier to fix the house. The Essex County Superior Court ruled to the contrary and in favor of Cellai Law Offices' client that the insurance proceeds, in absence of an intent to the contrary, shall follow the specific bequest when there is a simultaneity in the destruction (in whole or part) of the specific bequest and the death of the testator.
Craft v. Kane, Essex County Superior Court

MASSACHUSETTS LAWYERS WEEKLY - NEWS STORIES

State Long Arm Statute— Massachusetts Lawyers Weekly, July 24, 2006
Massachusetts state long arm statute can reach to extend to out of state debtor who retained Massachusetts law firm for out of state transaction.

Discharged Lawyer-Massachusetts Lawyers Weekly, January 2, 2006
Discharged lawyer may recover in quantum meruit for reasonable value of services. Interest was also added to the award from the date that the attorney fees were determined by the Court.

Suit Over Decades Old Support Order OK, Limitations Period Does Not Apply, Massachusetts Lawyers Weekly, July 19, 2004
The Massachusetts Probate Court entered an Order in favor of the client of Cellai Law Offices, P.C. on a child support order that was 36 years old. The Defendant raised several defenses related to the statute of limitations and laches. The Suffolk County Probate Court ruled that collection of the support the order was not barred by any technical defense, including the statute of limitations and that the full amount of the order was to be paid. The Order was affirmed by the Massachusetts Appeals Court.

Attorney's Lien Has Priority Over PIP Offset–Massachusetts Lawyers Weekly, November 6, 2004
An Attorney Lien takes priority over a PIP offset because the attorney's incohate lien under Massachusetts General Laws chapter 221, section 50 was first in time and first in right.

Owner Who Settled with Subcontractor Violated M.G.L. c. 93A (the Consumer Protection Statute)—Massachusetts Lawyers Weekly, June 21, 1999
An Owner that wrongfully refused to pay the general contractor the full amount due under the contract and who sought to undermine the general contractors damages claim by settling and compromising the payments due from the general contractor to its subcontractors violated Massachusetts General Laws, chapter 93A. The Owner paid the subcontractors of the general contractor directly, 50 to 70 cents on the dollar for the amounts that they were owed. One of the contractors stated that he would never work with the general contractor again.

The Court determined that the payment of discounted amounts by the owner directly to the general contractor's subcontractors amounted to an interference with the contractual relations between the general contractor and its subcontractors. Carlo Cellai, Esq. litigated the case and was quoted in the article.

House Ruined Legatee Gets Fire Insurance Proceeds—Massachusetts Lawyers Weekly, July 25, 1994
A specific legatee of a house and real estate was entitled to receive the insurance proceeds generated as a result of partial damage to the house. The decedent-testator died while smoking in bed and partially damaging the house. The Court ruled that the insurance proceeds, in absence of an intent to the contrary, shall follow the specific bequest.

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representing breach of contract and construction clients in Boston, Massachusetts and nationwide.