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ABM Industry Groups, LLC v. Palmarozzo, et al. (Lawyers Weekly No. 12-035-17)

COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT. 1784CV00819-BLS2 ____________________ ABM INDUSTRY GROUPS, LLC v. JOSEPH PALMAROZZO and COMPASS FACILITY SERVICES, INC. ____________________ MEMORANDUM AND ORDER DENYING PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION ABM Industry Groups, LLC, seeks a preliminary injunction that would enforce restrictive covenants signed by Joseph Palmarozzo while he was working for ABM as a branch manager. ABM provides janitorial and building maintenance services at larger facilities and projects. It is a large, publicly-traded company that generates roughly $ 5 billion in annual revenues. Palmarozzo left ABM in December 2016 to become the general manager at Compass Facility Services, Inc., a much smaller company that generates around $ 15 million in annual revenues by providing janitorial services at relatively small facilities. Palmarozzo overseas CFS’s operations; he has no responsibility for and no role in sales. ABM seeks an order that would bar Palmarozzo from working for CFS, compel Palmarozzo to comply with the non-competition and non-solicitation covenants in his ABM employment contract, and bar him from using or divulging any confidential information belonging to ABM. The Court will DENY the motion for a preliminary injunction because ABM has not proved that it will likely succeed in proving that its non-competition agreement with Mr. Palmarozzo is enforceable or that Palmarozzo has violated his non-solicitation or non-disclosure agreements. 1. Legal Standards. 1.1. Motions for Preliminary Injunction. “A preliminary injunction is an extraordinary remedy never awarded as of right.” Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 24 (2008). To the contrary, “the significant remedy of a preliminary injunction should not be granted unless the plaintiffs had made a clear showing of entitlement thereto.” Student No. 9 v. Board of Educ., 440 Mass. 752, 762 (2004). “Trial judges have broad discretion to grant or deny injunctive relief.” Lightlab Imaging, Inc. v. Axsun Technologies, Inc., 469 Mass. 181, 194 (2014). – 2 – A plaintiff is not entitled to preliminary injunctive relief if it cannot prove that it is likely to succeed on the merits of its claim. See, e.g., Fordyce v. Town of Hanover, 457 Mass. 248, 265 (2010) (vacating preliminary injunction on this ground); Wilson v. Commissioner of Transitional Assistance, 441 Mass. 846, 858-859 (2004) (same). Nor may a plaintiff obtain a preliminary injunction without proving that it will suffer irreparable harm in the absence of such an order, and that such harm to the plaintiff from not granting the preliminary injunction would outweigh any irreparable harm that defendants are likely to suffer if the injunction issues. See, e.g., American Grain Products Processing Institute v. Department of Pub. Health, 392 Mass. 309, 326-329 (1984) (vacating preliminary injunction on this ground); Nolan v. Police Comm’r of Boston, 383 Mass. […]

Aiguier v. Financial Industry Regulatory Authority, Inc., et al. (Lawyers Weekly No. 12-029-17)

1 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION NO. 16-02491 BLS I DUSTIN AIGUIER v. FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC., CUSTOMER 1-W, CUSTOMER 1-H, CUSTOMER 2, CUSTOMER 3, CUSTOMER 4-W, and CUSTOMER 4-H and THE SECURITIES DIVISION OF THE OFFICE OF THE SECRETARY OF STATE, intervener MEMORANDUM OF DECISION AND ORDER ON THE DEFENDANTS’ MOTIONS TO DISMISS INTRODUCTION This case, once again, raises the issue of whether, or pursuant to what standard, the Superior Court may adjudicate a claim made by a registered representative of a securities broker-dealer that he is entitled to have records of customer complaints expunged from the data bases maintained by defendant Financial Industry Regulatory Authority, Inc. (FINRA). Plaintiff Dustin Aiguier was formerly a registered representative of New York Life Securities LLC (NYLife). While with NYLife, four complaints were lodged against him by six of his customers (including two sets of spouses) (collectively, the Customers). The plaintiff has filed a complaint which he styles: “Amended Petition for an Order of Expungement of Customer Dispute Information from the Central Registration (CRD System)” (the Complaint). In addition to FINRA, the Complaint also names the Customers as defendants (although the plaintiff seeks no relief with respect to them). The Securities Division of the Office of the Secretary of the 2 Commonwealth has intervened in this action as a defendant on the ground that it is a primary regulator of the securities industry in Massachusetts and is responsible for protecting the public’s interest in access to information concerning customer complaints. The case is now before the court on all of the defendants’ motions to dismiss the Complaint. They move for dismissal asserting that: (a) the Superior Court lacks subject matter jurisdiction (Mass.R.Civ.P. 12(b)(1)) and (b) the Complaint fails to state a claim on which relief may be granted (Mass.R.Civ.P. 12(b)(6)). For the reasons that follow, their motions are allowed. FACTUAL BACKGROUND The court will begin by summarizing the relevant factual allegations in the Complaint, assumed to be true for purposes of this motion, as well as relevant information contained in attachments to the Complaint, to the extent necessary to address the issues raised by the defendants’ motions. It will then describe the regulatory framework relevant to this dispute. The Plaintiff’s relationship to NYLife and the Customer Complaints The plaintiff was a registered representative of NYLife until June 3, 2015, when he was discharged. Four written complaints against him were submitted to NYLife by his customers, each involved the sale of annuities. NYLife settled each of the claims without an arbitration proceeding being commenced. As required by FINRA rules, it reported the claims and settlements to FINRA, and a description of each claim and the settlement, as well as […]

Menino Wants Cab Industry Investigated

With the local taxicab industry thrust into the spotlight by a major media outlet, Boston’s mayor ordered an oversight review. Mayor Thomas Menino wants to hire an expert on the industry to review Boston’s taxicab industry, according to the Boston Globe Tuesday. The Globe ran an investigative story on the industry, unearthing the fact that owners who routinely violate police regulations coerce cab drivers into paying bribes to get access to their cabs. “We have real problems, and I’m very concerned about it,’’ Menino told the Globe during an interview in his office. “We’re not going to tolerate this nonsense.’’ Menino said the review will include a look at the Boston Police Department’s oversight of the taxi industry, according to the Globe. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch