COMMONWEALTH OF MASSACHUSETTS

SUFFOLK, so                                                                                            SUPERIOR COURT

CIVIL ACTION

1. 2017-02352-BLS2

LUBIN & MEYER, P.C.,

Plaintiff

vs.

JOHN J. MANNING,

Defendant

MEMORANDUM OF DECISION AND ORDER

 ON PLAINTIFF’S MOTION TO DISMISS FIVE (5) COUNTS

OF DEFENDANT’S COUNTERCLAIM

This action arises from disputes between a law firm, plaintiff Lubin & Meyer, P.C., and a former associate, defendant John Manning.  Plaintiff alleges that Manning breached his fiduciary duties to the firm and also made false representations.  It alleges that as a result of these actions, Manning forfeited his rights under a referral fee agreement entered into at the time of his departure.  Manning has counterclaimed.  The case is now before the Court on the plaintiff’s Motion to dismiss certain counts of that counterclaim, specifically:  Count II (for defamation), Count III (for invasion of privacy), Count V (for intentional infliction of emotional distress), Count VI (for abuse of process) and Count VII (alleging a violation of 93A claim).  This Court concludes that the Motion must be Allowed as to all counts except for Count VI, which will remain in the case. read more