Posts tagged "Stanley"

Juliand v. Stanley Services, Inc. (Lawyers Weekly No. 09-010-18)

1 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION NO. 2017-01570-BLS2 CHARLES JULIAND, on behalf of himself And all others similarly situated, Plaintiff vs. STANLEY SERVICES, INC., Defendant MEMORANDUM OF DECISION AND ORDER ON DEFENDANT’S MOTION TO DISMISS In this putative class action, plaintiff alleges that the defendant Stanley Services Inc., (Stanley) unlawfully assesses a fuel surcharge on the motor vehicles that it tows. The Amended Complaint contains multiple counts, including a claim under G.L.c. 93A. Stanley now moves to dismiss on the grounds that the case is moot in light of Stanley’s proffer of an amount to the individual plaintiff that was more than enough to cover any out-of pocket loss to him. More generally, Stanley argues that the Complaint fails to state a claim upon which relief may be granted. This Court concludes that the Motion must be DENIED. Briefly summarized, the Complaint states the following. On December 1, 2016 and then again on March 24, 2017, Stanley removed plaintiff Charles Juliand’s car from a street in Jamaica Plain, Massachusetts and towed the car to Stanley’s Jamaica Plain facility. On both occasions, Stanley assessed a fuel charge for the tow — $ 1.80 on December 1 and $ 2.25 on March 24. Massachusetts regulations permits a fuel charge only where the tow in question exceeds five miles and then only if certain information is provided on the tow slip. These tows did not exceed five miles and the tow slips did not provide the requisite information. 2 The Complaint alleges that Stanley has engaged in a practice of assessing these unlawful charges for years; it seeks relief on behalf of Juliand individually as well as others similarly situated. In addition to seeking certification of the class, the Complaint seeks damages as well as injunctive and declaratory relief. On May 19, 2017, two days before this suit was instituted, plaintiff’s counsel sent a Demand Letter to Stanley pursuant to G.L .c. 93A. Plaintiff amended the Complaint on July 19, 2017 to include a 93A count. Defense counsel made a formal response to plaintiff’s Demand Letter by letter dated June 21, 2017 (the Response). Its contents are relevant to the issues before the Court. It begins by stating that it is being “provided in the interest of settlement only, and subject to a full reservation of Stanley Service’s rights.” It goes on at some length to outline why the individual and class claims are legally and factually defective. To the extent that there were any omissions of information regarding the fuel surcharge, the Response says that they were the result of “individual oversight” and do not reflect a general policy. On a more conciliatory note, the Response says that […]


Posted by Massachusetts Legal Resources - February 2, 2018 at 2:20 am

Categories: News   Tags: , , , , , ,

A.J. Properties, LLC v. Stanley Black and Decker, Inc. (Lawyers Weekly No. 10-154-14)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030;   SJC-11424   A.J. PROPERTIES, LLC  vs.  STANLEY BLACK AND DECKER, INC.       Suffolk.     May 5, 2014. – September 5, 2014.   Present:  Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ.[1]     Assignment.  Debt.  Mortgage, Assignment.  Contract, Assignment, Surety.  Surety.  Bond, Private building project, Construction and contract bond.  Environment, Environmental cleanup costs.       Certification of a question of law to the Supreme Judicial Court by the United States District Court for the District of Massachusetts on April 8, 2013.     Gerard A. Butler, Jr. (Andrew D. Black with him) for the defendant. John A. Mavricos for the plaintiff.     DUFFLY, J.  At issue in this case is the right to payment under a performance bond issued to secure the obligation of an environmental consulting company to perform environmental remediation of a contaminated site that included land that had been owned by Stanley Black and Decker, Inc. (Stanley).  In 2011, A.J. Properties, LLC (A.J. Properties), commenced the underlying action in the Superior Court, contending that it had acquired the rights to payment under the bond, and that Stanley had wrongfully collected payment.  A.J. Properties argued that Stanley had assigned the rights to payment when it assigned a mortgage on the property to the Wyman–Gordon Company (Wyman-Gordon), which later assigned the mortgage to A.J. Properties. After Stanley removed the case to the United States District Court for the District of Massachusetts, a judge of that court certified the following question to this court pursuant to S.J.C. rule 1:03, as appearing in 382 Mass. 700 (1981): “Does the rule of Quaranto v. Silverman, 345 Mass. 423, 426–[427] (1963) [(Quaranto)], that ‘the assignment of a debt carries with it every remedy or security that is incidental to the subject matter of the assignment and could have been used or made available to the assignor,’ extend to a situation where a mortgage and a surety agreement secured an obligation, and both the mortgagor and the surety breached that obligation prior to a written assignment of the mortgage, does the assignee, by operation of law, acquire the right against the surety’s receiver for the surety’s breach of its obligation?”   We answer that whether the right against the surety’s receiver is deemed assigned by operation of the rule of Quaranto, supra, depends on whether the right is an incident to […]


Posted by Massachusetts Legal Resources - September 5, 2014 at 5:35 pm

Categories: News   Tags: , , , , , , , ,

Patrick Makes Good on Stanley Cup Wager in Chicago

Massachusetts governor volunteered at the Greater Chicago Food Depository Tuesday. South End Patch News


Posted by Massachusetts Legal Resources - July 24, 2013 at 3:43 pm

Categories: Arrests   Tags: , , , , ,