Posts tagged "Business"

Mooney, et al. v. Diversified Business Communications, et al. (Lawyers Weekly No. 12-102-17)

COMMONWEALTH OF MASSACHUSETTS

SUFFOLK, ss.                                                                                   SUPERIOR COURT

                                                                                                             SUCV2016-3726-BLS2

            JOHN J. MOONEY and MORGAN D. WHEELOCK,

Plaintiffs

vs.

 

DIVERSIFIED BUSINESS COMMUNICATIONS, DBC PRI-MED, LLC,

THEODORE WIRTH, KATHY WILLING, and OAKLEY DYER

Defendants

MEMORANDUM OF DECISION AND ORDER

ON PLAINTIFFS’ MOTION TO COMPEL

 

This case involves a dispute among members of a limited liability company. Plaintiffs, who own a minority interest in the company, are suing (among others) the entity holding a majority interest.  Also named as a defendant is the company itself.  The case is now before the Court on plaintiffs’ Motion to compel certain discovery.  Part of the motion raises routine issues regarding the relevance of materials sought; this Court’s resolution of those issues is contained in Part One of this opinion.  The motion also raises difficult questions concerning attorney client privilege—specifically, whether a former officer of a company can obtain communications between corporate counsel and the corporation exchanged when he still worked for the company but where he is now adverse to the corporation itself.  This Court concludes that neither plaintiff can claim to be a holder of the privilege so as to gain access to these communications.  The reasons for that conclusion are spelled out in Part Two of this opinion.

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Posted by Stephen Sandberg - August 4, 2017 at 5:27 am

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Mooney, et al. v. Diversified Business Communications, et al. (Lawyers Weekly No. 12-101-17)

COMMONWEALTH OF MASSACHUSETTS

SUFFOLK, ss.                                                                                   SUPERIOR COURT

                                                                                                             SUCV2016-3726-BLS2

            JOHN J. MOONEY and MORGAN D. WHEELOCK,

Plaintiffs

vs.

 

DIVERSIFIED BUSINESS COMMUNICATIONS, DBC PRI-MED, LLC,

THEODORE WIRTH, KATHY WILLING, and OAKLEY DYER

Defendants

MEMORANDUM OF DECISION

ON NON-PARTY SULLIVAN & WORCESTER LLP’S MOTION

TO PRECLUDE MINTZ LEVIN

FROM PROSECUTING PLAINTIFF JOHN MOONEY’S MOTION

 TO DISQUALIFY SULLIVAN &WORCESTER

In the instant case, Mintz Levin (Mintz) represents plaintiff John Mooney; it also represents the law firm of Sullivan & Worcester (S&W) — which is counsel for defendant Diversified — in unrelated immigration matters.  Mintz has served upon S&W a motion to disqualify it from this lawsuit based on its prior representation of plaintiff Mooney on personal matters.  S&W now asserts that Mintz is itself disqualified from prosecuting such a motion because that would run afoul of Rule 1.7 of the Rules of Professional Conduct.   This Court disagrees.

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Posted by Stephen Sandberg - August 3, 2017 at 6:43 pm

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Skandha v. Clerk of the Superior Court for Civil Business in Suffolk County (Lawyers Weekly No. 10-168-15)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-11811

BODHISATTVA SKANDHA  vs.  CLERK OF THE SUPERIOR COURT FOR CIVIL BUSINESS IN SUFFOLK COUNTY.

September 29, 2015.

Supreme Judicial Court, Superintendence of inferior courts.  Mandamus.  Practice, Civil, Action in nature of mandamus, Assembly of record.  Clerk of Court.

The petitioner, Bodhisattva Skandha, appeals from a judgment of a single justice of this court denying his petitions pursuant to G. L. c. 211, § 3, and for relief in the nature of mandamus pursuant to G. L. c. 249, § 5.  We affirm.

Background.  The petitions stem from Skandha’s effort to appeal from the dismissal of a complaint in the Superior Court that he and two other plaintiffs filed, in August, 2010, against the Committee for Public Counsel Services (CPCS) and several associated attorneys.  The plaintiffs claimed that CPCS and the attorneys had violated the plaintiffs’ due process rights by, among other things, failing to screen their new trial motions to determine whether they had any claims that would entitle them to relief from their respective convictions.  A judge in the Superior Court dismissed the complaint, in May, 2013, and it appears that Skandha timely filed a notice of appeal.[1]  The appeal was dismissed, however, in January, 2014, apparently on the basis that Skandha had failed to take the necessary steps to perfect it.[2]

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Posted by Stephen Sandberg - September 29, 2015 at 7:35 pm

Categories: News   Tags: , , , , , , , , , ,

South End Business and Volunteer Honored by Boston Main Streets

[photo]

A local South End business and a South End volunteer were honored this week when they were named winners of the Boston Main Street Awards.

M. Flynn Accessories, a jewelry store at 40
South End Patch News

Posted by Stephen Sandberg - June 29, 2013 at 10:46 am

Categories: Arrests   Tags: , , , , , ,

Week in Review: Manslaughter Verdict in Stabbing, Expanding Ice Cream Business

Police investigate a stabbing that occurred Sunday morning outside the Boston Medical Center on Mass Ave.

The following are the top articles on South End Patch from June 17 to June 21, 2013:

Man Pleads Guilty in Fatal South End Stabbing

Darryl Mitchell plead guilty to stabbing and killing a 29-year old West Roxbury man in the South End in 2011.

South End’s Ross Launches City Council Campaign

Jeff Ross, a long time South End resident, is making a run for an at-large city council seat this year. If elected, he would be the first openly gay member.

South Enders Expanding Ice Cream Business

Two South End residents are bringing their all-natural ice cream to the South Shore.

South End Answers: Tree Removal on Columbus Ave

Do you have a question about something in the South End? Ask it!

What Sold in the South End: Warren Ave Condo for $ 1.5M

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Posted by Stephen Sandberg - June 23, 2013 at 9:56 am

Categories: Arrests   Tags: , , , , , , ,

South Enders Expanding Ice Cream Business

Owners Susie Parish and Veronica Janssens

Two South Enders are expanding their all natural ice cream company all the way to the South Shore this summer. 

Batch ice cream, crafted from scratch in Massachusetts using real local ingredients, is owned by Susie Parish and Veronica Janssens, both of the South End. 

All seven-batch ice cream flavors contain a small list of ingredients, like fresh cream, organic evaporated cane juice, and eggs, brought together with hand-crafted caramel and real vanilla beans.

Paris and Janssens get their chocolate from Dean’s Beans in Orange, Mass., their salt from Maine Sea Salt Co., their tea-flavors from Somerville, their fresh milk and cream from New England dairies, and their imported ingredients, like coffee, chocolate, and cane sugar, are sourced from Fair Trade.

“We’re all about being local and sourcing locally,” Parish said.

The owners do not use lab-developed additives and stabilizers like gums, artificial flavors and colors, corn syrup and dairy with added hormones. 

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Posted by Stephen Sandberg - June 17, 2013 at 10:37 am

Categories: Arrests   Tags: , , , ,

McCants v. Clerk of Suffolk Superior Court for Criminal Business (Lawyers Weekly No. 10-082-13)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750;  (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC‑11263

OWEN McCANTS  vs.  CLERK OF SUFFOLK SUPERIOR COURT FOR CRIMINAL BUSINESS.

May 14, 2013.

Supreme Judicial Court, Superintendence of inferior courts.  Moot QuestionPractice, Civil, Moot case.

Owen McCants appeals from a judgment of a single justice of this court dismissing as moot his petition for a writ of mandamus and for a declaratory judgment.  We affirm.

A Superior Court jury convicted McCants of several crimes, and the Appeals Court affirmed the convictions.  See Commonwealth v. McCants, 65 Mass. App. Ct. 1121 (2006).  McCants thereafter filed a motion for a new trial, which was denied.  He then filed a notice of appeal, the record was assembled, and the appeal was entered in the Appeals Court, where it remains pending.  Then, in April, 2012, he filed a petition in the county court, asserting that the trial court clerk’s office had failed to docket several pleadings that he had filed in that court in connection with the motion for a new trial.  In response, the respondent submitted a letter to the county court indicating that the clerk’s office had updated the docket to include the pleadings in question and that the entire record, including those pleadings, had been assembled and forwarded to the Appeals Court.  On the basis that McCants had received the relief that he was seeking — the docketing of his pleadings in the trial court — the single justice dismissed the petition as moot.

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Posted by Stephen Sandberg - May 15, 2013 at 1:24 am

Categories: News   Tags: , , , , , , , , ,

Boylston-Area Business Owners Eager to Reopen

Keith Shirley, owner of Meridian Realty Group on Gloucester Street said he has had "logistical issues" since the area was closed down Monday, April 15.

The area surrounding the site of the Boston Marathon bombings is not quite back to normal, but it’s starting to get close.

City officials and inspectors have been leading business owners through their businesses within the still-closed-off section of Boylston Street Tuesday.

The FBI handed the crime scene off to the city of Boston Monday, but Boylston Street between Hereford and Berekley streets is still closed to the public.

Keith Shirley, owner of Meridian Realty Group at 46 Gloucester St. between Newbury and Boylston streets, said the lack of access to his business for the past eight days has made things difficult. 

“We’ve had logistical issues,” he said from behind the blocked off gate on Gloucester Street. “We haven’t been able to write checks or process paperwork.”

He said he registered with the city’s database and has been told he could things could be back to normal in the area by Wednesday night.

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Posted by Stephen Sandberg - April 23, 2013 at 6:09 pm

Categories: Arrests   Tags: , , , ,

VIDEO: Boylston Street Business Shows Support with ‘26.2together’ Signs

Somerville resident Megan Brock, an employee at Breakaway Innovation Group on Boylston Street, hands out free posters for people near the Boston Marathon victims' memorial on Thursday, April 18, 2013.

Two women from Breakaway Innovation Group on Boylston Street were at the Boston Marathon victims’ memorial at Boylston and Berkeley streets on Thursday afternoon handing out printed signs to show their support in the aftermath of Monday’s bombing. The small posters show a Boston skyline with an overlay of a red Boston “B” and text reading “26.2gether.”

“We just thought it would be nice to print these out and give them to local places in support and solidarity for the whole community,” said Breakaway employee Megan Brock of Somerville.

ProPrint on Boylston Street donated 250 copies of the poster.

South End Patch

Posted by Stephen Sandberg - April 20, 2013 at 8:40 am

Categories: Arrests   Tags: , , , , , , ,

Week in Review: South End Business, Drug Arrests

Street sweeping resumes next week.

The following are the top headlines on South End Patch from March 4th to March 8, 2013:

Pine Street Inn Resident Charged with Shooting Heroin in Boston Medical Center Men’s Room

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Posted by Stephen Sandberg - March 10, 2013 at 10:46 am

Categories: Arrests   Tags: , , , , ,