Posts tagged "Diversified"

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

Categories: News   Tags: , , , , , ,

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

Categories: News   Tags: , , , , , ,