Posts tagged "Transportation"

A.L. Prime Energy Consultant, Inc. v. Massachusetts Bay Transportation Authority (Lawyers Weekly No. 12-052-17)

COMMONWEALTH OF MASSACHUSETTS

SUFFOLK, ss.                                                                                             SUPERIOR COURT

                                                         CIVIL ACTION

  1. 1684CV05562

 

 

A.L. PRIME ENERGY CONSULTANT, INC.

 

vs.

 

MASSACHUSETTS BAY TRANSPORTATION AUTHORITY

 

 

RESERVIATION AND REPORT OF AN INTERLOCUTORY ORDER TO THE APPEALS COURT

 

 

This action arises out of a contract between the plaintiff, A.L. Prime Energy Consultant, Inc. (Prime), and the defendant, Massachusetts Bay Transportation Authority (MBTA) for the supply of Ultra Low Sulfur Diesel Fuel (ULSDF) (the Supply Contract), and the unilateral termination of the Supply Contract by the MBTA.  Prime asserts, among other claims, that the MBTA breached the Supply Contract by terminating it before its end date.

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Posted by Stephen Sandberg - May 10, 2017 at 5:04 am

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A.L. Prime Energy Consultant, Inc. v. Massachusetts Bay Transportation Authority (Lawyers Weekly No. 12-052-17)

COMMONWEALTH OF MASSACHUSETTS

SUFFOLK, ss.                                                                                             SUPERIOR COURT

                                                         CIVIL ACTION

  1. 1684CV05562

 

 

A.L. PRIME ENERGY CONSULTANT, INC.

 

vs.

 

MASSACHUSETTS BAY TRANSPORTATION AUTHORITY

 

 

RESERVIATION AND REPORT OF AN INTERLOCUTORY ORDER TO THE APPEALS COURT

 

 

This action arises out of a contract between the plaintiff, A.L. Prime Energy Consultant, Inc. (Prime), and the defendant, Massachusetts Bay Transportation Authority (MBTA) for the supply of Ultra Low Sulfur Diesel Fuel (ULSDF) (the Supply Contract), and the unilateral termination of the Supply Contract by the MBTA.  Prime asserts, among other claims, that the MBTA breached the Supply Contract by terminating it before its end date.

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Posted by Stephen Sandberg - May 8, 2017 at 8:52 pm

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A.L. Prime Energy Consultant, Inc. v. Massachusetts Bay Transportation Authority (Lawyers Weekly No. 12-027-17)

COMMONWEALTH OF MASSACHUSETTS

SUFFOLK, ss.SUPERIOR COURT

CIVIL ACTION

  1. 1677CV01366

A.L. PRIME ENERGY CONSULTANT, INC.

vs.

MASSACHUSETTS BAY TRANSPORTATION AUTHORITY

MEMORANDUM OF DECISION AND ORDER ON

DEFENDANT’S MOTION TO DISMISS

In July 2016, defendant Massachusetts Bay Transportation Authority (MBTA) terminated its two-year fuel supply agreement with plaintiff A.L. Prime Energy Consultant, Inc. (Prime). The MBTA explained that thetermination was made pursuant to its exercise of a contractual right that permitted termination for convenience.The MBTA terminated the contract in order to take advantage of cost savings it believed it could achieve by purchasing fuel through the Commonwealth’s existing statewide fuel contract.  Prime alleges that the MBTA abused its discretion when it invoked the termination for convenience provision and that therefore the MBTA is liable for breach of contract and breach of the covenant of good faith and fair dealing.  The matter is now before the Court on the MBTA’s motion to dismiss pursuant to Mass. R. Civ. P. 12(b)(6).  For the reasons that follow, the motion is DENIED.

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Posted by Stephen Sandberg - March 31, 2017 at 8:34 pm

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Coren-Hall v. Massachusetts Bay Transportation Authority (Lawyers Weekly No. 11-015-17)

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; SJCReporter@sjc.state.ma.us

16-P-300                                        Appeals Court

ALEXIS D. COREN-HALL[1]  vs.  MASSACHUSETTS BAY TRANSPORTATION AUTHORITY.

No. 16-P-300.

Suffolk.     December 13, 2016. – February 23, 2017.

Present:  Milkey, Massing, & Sacks, JJ.

Practice, Civil, Presentment of claim under Massachusetts Tort Claims Act, Interlocutory appeal, Summary judgment.  Massachusetts Tort Claims Act.  Notice, Claim under Massachusetts Tort Claims Act.  Massachusetts Bay Transportation Authority, General manager.

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Posted by Stephen Sandberg - February 23, 2017 at 6:43 pm

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Trychon v. Massachusetts Bay Transportation Authority (Lawyers Weekly No. 11-124-16)

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; SJCReporter@sjc.state.ma.us

15-P-1316                                       Appeals Court

STEPHEN TRYCHON  vs.  MASSACHUSETTS BAY TRANSPORATION AUTHORITY.

No. 15-P-1316.

Suffolk.     May 16, 2016. – September 15, 2016.

Present:  Agnes, Massing, & Kinder, JJ.

Massachusetts Bay Transportation AuthorityPractice, Civil, Motion to dismiss.  Employment, Termination, Retaliation.

Civil action commenced in the Superior Court Department on February 11, 2014.

A motion to dismiss was heard by Heidi E. Brieger, J.

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Posted by Stephen Sandberg - September 15, 2016 at 3:08 pm

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Regency Transportation, Inc. v. Commissioner of Revenue (Lawyers Weekly No. 10-004-16)

Posted by Stephen Sandberg - January 6, 2016 at 3:38 pm

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Fyffe v. Massachusetts Bay Transportation Authority, et al. (Lawyers Weekly No. 11-129-14)

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; SJCReporter@sjc.state.ma.us

13-P-186                                         Appeals Court

COLLEEN FYFFE  vs.  MASSACHUSETTS BAY TRANSPORTATION AUTHORITY & another.[1]

No. 13-P-186.

Suffolk.     January 14, 2014. – October 6, 2014.

Present: Trainor, Graham, & Agnes, JJ.

Massachusetts Bay Transportation Authority.  Practice, Civil, Argument by counsel, Conduct of counsel, Opening statement, Instructions to jury, New trial.  Damages, Remittitur.

Civil action commenced in the Superior Court Department on May 11, 2010.

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Posted by Stephen Sandberg - October 6, 2014 at 5:45 pm

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Mayoral Candidates Dish on Environment & Transportation

Charlotte Golar Richie, left, is the only female Boston mayoral candidate.

Article and photos by David Ertischek

Nine Boston mayoral candidates opined on carbon emissions, public transportation and how to make the city as environmentally friendly as possible during a Boston Green Mayor forum held at Suffolk
South End Patch News

Posted by Stephen Sandberg - July 10, 2013 at 4:48 pm

Categories: Arrests   Tags: , , , ,

Gov. Patrick Won’t Support Latest Transportation Finance Plan

[photo]

By: Bret Silverberg

Gov. Deval Patrick said he would not support a new transportation finance plan that would create $ 500 million in new taxes.

South End Patch News

Posted by Stephen Sandberg - July 2, 2013 at 3:38 am

Categories: Arrests   Tags: , , , , , , ,

State House Transportation Plan Increases Gas, Cigarette Taxes

A rally before the unveiling of a new joint transportation plan.

State House and Senate lawmakers have announced a joint transportation plan which would close an estimated five-year, $ 2.3 billion transportation budget gap through tax increases to cigarettes, gas and new taxes on business technologies.

The plan, which would create $ 500 million in new revenue, focuses on long-term financing for the state’s regional transit authorities and the state department of transportation, asks the MBTA and MassDOT to continue to hit revenue and savings targets, moves employees off of the capital budget for three years and fully funds the state ice and snow budget.

The plan was unveiled at a State House news conference Tuesday led by Massachusetts Speaker of the House Robert A. DeLeo and Senate President Therese Murray.

To provide new revenue to close the estimated five-year out gap there would be a 3-cent gas tax increase (which would be indexed to inflation), a $ 1 per-pack increase on cigarettes along with excise tax increases on cigars and smokeless tobacco, a new sales tax for businesses for software purchases, an elimination of the “utility” tax classification and a changing of the sourcing of the state’s sales factor system, which would require out of state companies that sell products in state to pay more in taxes.

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Posted by Stephen Sandberg - April 5, 2013 at 2:05 am

Categories: Arrests   Tags: , , , , , ,