Attorney David L. Rubin

March 24, 2011

How do I go about getting a liquor license in Framingham, MA?

MORE INFORMATION: I’m considering buying a small restaurant in Framingham, MA. It seats no more than 30 people and has a small bar that seats 6. I’d like to be sure I can serve alcoholic beverages (beer & wine). What are the eligibility requirements and what do I need to consider to obtain the proper liquor license in Framingham? ATTORNEY ANSWER: The first consideration in the purchase of a restaurant that has a small seating capacity is whether the cost of obtaining a liquor license makes financial sense because the demand for alcoholic beverage licenses in most communities is much greater than the supply. In many cities and towns, the starting purchase price starts at $100,000 and can be much higher, depending upon the location.

February 17, 2011

What are the guidelines for divorce in Massachusetts?

MORE INFORMATION: I left my husband in 1997 and we have been separated since. Do I still have to file for divorce or after so many years? ATTORNEY ANSWER: You can file for divorce in Massachusetts at any time. The fact that 14 years has elapsed since the separation does not change that. The primary issues that need consideration are child support, alimony and division of the marital estate, which simply means a division of joint assets and liabilities. If you had children, then child support must be considered, if they are still minors. Child support must be paid by the non-custodial spouse until the children are emanicipated, which is defined in Massachusetts as when the children reach the age of 18 and are out of the house and working, or after they have completed a full-time, accredited college and graduated, or reached the age of 23, whichever happens first.

February 8, 2011

Police say Framingham man was drunk when he caused three-car crash

FRAMINGHAM —A Framingham man was drunk when he caused a three-car crash on Cochituate Road on Friday, police said. The man admitted to having several drinks at the Melting Pot restaurant on Rte. 9 before the 9:30 p.m. crash, police spokesman Lt. Ron Brandolini said. Police went to Cochituate Road near the post office and found three cars stopped in the high-speed lane, Brandolini said. “The first two cars had stopped at the light, and the third car drove into them, causing the chain-reaction crash,” the lieutenant said. All three cars sustained minor damage, he said. Police said the man smelled of alcohol and had red, glassy eyes. He failed sobriety tests, Brandolini said. Police arrested the man and charged him with driving under the influence of liquor (second offense). He was also cited for following too closely. He pleaded not guilty at his Framingham District Court arraignment yesterday and Judge Douglas Stoddart released him without bail. He is due back in court on March 15 for a pretrial conference.

December 20, 2010

A guest at a home I rented this summer tripped and injured herself.

MORE INFORMATION: She has medical bills and lost wages. As the home renter, am I liable for her injury claims, or is it the homeowners liability? ATTORNEY ANSWER: That depends upon a number of factors. Did you enter into a lease with the landlord? If you did, does the lease state whether the landlord or the tenant is liable for the injuries to a guest of the tenant? Did the landlord carry homeowner’s insurance? Did you, as the tenant, carry renter’s insurance? The lease creates contractual obligations between the landlord and tenant which may govern where there is liability. In the absence of a lease, the landlord is still required to provide a safe, habitable environment and if the landlord does not, he may be liable for negligence. Each situation is fact specific.

December 13, 2010

Is my IRA safe in a personal injury lawsuit?

MORE INFORMATION: I was in a motor vehicle accident in MA, likely at fault, and will be sued. ATTORNEY ANSWER: Your IRA will be safe as long as you are insured. The key point to consider is whether you have adequate coverage. If you have a minimum policy, carrying limits of $20,000 per person and $40,000 per accident, for instance, and you hurt someone in a serious accident, your personal assets could be at risk if the value of the injured party’s bodily injury claim is greater than the coverage available. Speak to your insurance agent, or me, about having sufficient coverage to protect yourself and your family.

December 8, 2010

Massachusetts Liquor License Attorney

Greater Boston liquor license lawyer, Attorney David Rubin focuses on local alcohol license transfers. In that capacity, we represent local businesses such as package store proprietors, club and restaurant owners, and tavern and bar owners throughout the Greater Boston Metrowest region who require liquor licenses. Attorney Rubin knows the applicable Massachusetts laws, and he has appeared many times before licensing commissions, including the Boston Licensing Commission, on behalf of clients seeking alcohol license transfers. To discuss the acquisition or transfer of a Massachusetts liquor license, contact Attorney David L. Rubin.

July 28, 2010

Snow ruling could mean more work for cleanup crews

By Ashley Studley/Daily News staff Milford Daily News – link to article Some area snow plowers believe a recent court decision might work in their favor this winter. The Supreme Judicial Court decided Monday that property owners are responsible for clearing snow from their land, whether it fell naturally or was moved by a plow, to avoid snow-related injuries. The ruling could mean an increase in business. “It would have to (increase business). People are going to be more conscious of plowing,” said Joan Colligan, office manager for Colligan Landscaping in Franklin. The ruling relates to the case of a Peabody man who broke his pelvis in 2002 when he fell on a patch of ice in the parking lot of a Target department store in Danvers. Though the parking lot was clear, the man slipped on snow plowed into a median strip. A judge initially dismissed the case, determining the man had slipped on a “natural accumulation” of snow or ice – for which Massachusetts property owners have not been liable until now. In writing for the court, Justice Ralph Gants said landowners are now responsible for making their property safe from all types of snow and ice. “We […]

July 15, 2010

Car Accident Injury – $100,000.00 Settlement

A 47 year old man who was stopped and waiting at a red light when he was struck in the rear by a van, driving at a high rate of speed, whose driver never stopped. Multiple injuries to back, neck and torn labrum and rotator cuff of right shoulder with 23 percent permanent impairment, according to the treating orthopedic surgeon. Successful negotiation of workers’ compensation lien.

June 9, 2010

Resource Links

Massachusetts Legal Resources Commonwealth of Massachusetts Court System Boston Bar Association Massachusetts Bar Association Massachusetts Academy of Trial Attorneys The Association of Trial Lawyers of America Massachusetts Lawyer Weekly

March 15, 2010

Framingham Criminal Defense Attorney

Framingham criminal defense lawyer, Attorney David Rubin has considerable experience in representing individuals charged with a crime. If you, or someone you know have been charged with a crime in Massachusetts and need experienced legal representation, call us. We handle criminal cases involving:. OUI/Drunk Driving Motor Vehicle Offenses Drug Offenses Assault and Battery Restraining Orders All Felonies and Misdemeanors Contact Attorney Rubin for a confidential consultation.

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