Mullins v. Colonial Farms Ltd., et al. (Lawyers Weekly No. 12-077-17)
Court determines unpaid incentive management fees owed under partnership agreements, applying 20% cap to cash flow and addressing reserve deduction disputes.
Farms
Cumberland Farms, Inc. v. Tenacity Construction, Inc. (Lawyers Weekly No. 12-161-16)
Construction contractor's claim for equitable adjustment of contract price for winter-related productivity losses barred by express no-damages-for-delay clause.
Cumberland Farms, Inc. v. City Council of Marlborough (Lawyers Weekly No. 11-162-15)
Marlborough city council's denial of fuel storage license reviewed under arbitrary and capricious standard. Council's discretionary decision had rational basis in members' concerns about traffic, safety, and neighborhood effects.
Verrill Farms, LLC v. Farm Family Casualty Insurance Company (Lawyers Weekly No. 11-141-14)
Fire loss claimant resumed operations at temporary locations. Policy interpretation dispute over whether ordinary payroll expenses can offset gross income in calculating business income loss.