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JRM Hauling & Recycling Services, Inc. v. The Newark Group, Inc. (Lawyers Weekly No. 09-056-17)

COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION No. 2015-3790 BLS 1 JRM HAULING & RECYCLING SERVICES, INC. vs. THE NEWARK GROUP, INC. FINDINGS OF FACT AND RULINGS OF LAW AFTER TRIAL This contract dispute was tried before me, jury waived, from October 23 to 27, 2017. The dispute arises out of a contract between plaintiff, JRM Hauling & Recycling Services, Inc. (“JRM”), and defendant, The Newark Group, Inc. (“Newark”), wherein Newark agreed to purchase and JRM agreed to sell “all secondary fiber produced by [JRM] at” JRM’s location in Malden, Massachusetts (the “Agreement”). JRM claims that Newark wrongfully terminated the Agreement in January 2015. By its terms, the Agreement was to run for ten years from its execution on November 1, 2006 to October 31, 2016. JRM asserts its claim in two counts: breach of contract and breach of the implied covenant of good faith and fair dealing. Newark counterclaims, pursuant to a provision of the Agreement, seeking indemnification from JRM for Newark’s costs, including legal fees and disbursements, incurred defending any unsuccessful claims made by JRM. I. FINDINGS OF FACT The Agreement JRM, a company with headquarters in Peabody, Massachusetts, is a hauler of trash and 1 recycled material. JRM is under contract with municipalities and businesses to pick up at curbside the trash generated by the occupants. JRM picks up trash that has been separated by the occupants to put newspaper and other paper into one bin and all other trash in another bin. The contract in this case concerns what JRM was to do with the “loose paper” picked up at curbside. Under its contracts with the municipalities, JRM was required to guarantee that the materials it collected from the residents would be recycled.. Newark is a New Jersey corporation with corporate offices in Cranford, New Jersey. In February 2015, as discussed below, Newark was acquired by Caraustar Industries, Inc. In 2005, JRM learned that a facility located at 1130 Eastern Avenue in Malden, Massachusetts (“the Malden facility”) might be available as a location for JRM’s operations. The facility had been operated previously as a recycling center. JRM began negotiations with the owner of the facility, Robert Heffernan, who was, at that time, a Newark employee. At around the same time in 2005, Newark was looking for sources of supply of Secondary Fiber/RMP for use by its mill in Fitchburg, Massachusetts. Secondary Fiber/RMP is a description of the loose news and other paper collected by JRM. The mill in Fitchburg manufactured recycled paper board products from the secondary fiber. In particular, the mill was producing “graphic board” to be used as game boards and covers for books. Jonathan Gold was a long time executive of […]

Boston Electronics Recycling Day Will Be March 23

The city announced that on March 23, residents will be able to recycle electronic waste at no additional cost. Residents may bring up to computers, monitors, televisions, LCD panels, printers, other computer related equipment, stereos, cell and other phones, power supplies, electronic games, VCRs, circuit boards, microwaves, and other household electronic devices. However, air conditioners, dehumidifiers, refrigerators, and white goods such as washers, dryers, and stoves will NOT be accepted. For disposal of air conditioners, dehumidifiers and refridgerators, call (617) 635-4500 to arrange a special pickup. The other items can be picked up at the curb with regular trash pickup. Residents must be prepared to show proof of residency in order to be able to drop anything off. All electronics will be recycled in Massachusetts by Electronic Recyclers International, an E-Steward Certified recycler. The electronics recycling dropoff location on Saturday, March 23 is at the West Roxbury Public Works Yard, 315 Gardner St, West Roxbury, from 9 a.m. to 2 p.m. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch

Boston Schools Implementing New Single-Stream Recycling Program

Boston students, teachers and administrators are using National Green Week this year (Feb. 4th to 8th) to set up single stream recycling. Single stream recycling means paper, glass, plastic and metal can all be recycled together. The items are then sorted at a recycling center, which makes it simpler for residents to collect recycle materials and avoids excess waste being sent to landfills. Through and extended day program offered by City Year, 322 students at the Blackstone, Hennigan, Holland, Marshall, Mattahunt, Orchard Gardens and Tobin schools will participate in Green Week lessons, activities and games to prepare them for successful single stream recycling at home and at school, according to Boston Public Schools. The curriculum was selected by Green Education Foundation and Boston Public Schools to address concepts and themes such as hands on exploration, social equity, community leadership, physical activity, creativity, literacy and math. “In the Boston Public Schools, our teachers aim to empower today’s students to become tomorrow’s leaders,” said Superintendent Carol R. Johnson. “We are excited that our students are working in partnership with City Year for a cleaner, greener environment so they can share these important lessons with their classmates, parents and friends and create a sustainable city.” The students from Boston are participating in the national kickoff of Green Week, joining students from across the nation already signed up to participate between February 4 and April 30. Schools, classrooms and youth groups join Green Week, GEF’s flagship program, in an effort to spotlight sustainability education and initiatives for one week of the school year. The switch to single stream recyling in all schools is part of the city’s Greenovate Boston initiative. Greenovate Boston aims to encourage sustainable behavior by Boston residents and businesses in order to meet greenhouse gas emission reduction goals of 25 percent by 2020. “Our partnership with City Year and the Green Education Foundation goes to the heart of Greenovate Boston,” Mayor Thomas Menino said. “We’re working to engage residents of all ages and backgrounds to understand the importance of actions like recycling, and to see that making sustainability a priority for our young people impacts the entire City of Boston in a positive way, now and in the future.” On Feb. 5th at Blackstone Elementary in the South End, National Grid president for Massachusetts, Marcy Reed, and Green Education Foundation’s CEO, Victoria Waters, will meet up for a visit during the school’s after school programming to participate with students and observe as National Green Week curriculum is implemented by City Year’s extended day coordinators. National Grid is a sponsor of both Green Education Foundation and City Year. “We couldn’t be more pleased with our partnership with […]