Meunier, et al. v. Market Strategies, Inc. (Lawyers Weekly No. 12-072-17)
Sellers lack standing to enforce buyer's payment obligations to holding company they created, though independent misrepresentation claims may proceed.
Superior Court Opinions
Bay Colony Property Development Company, et al. v. Headlands Realty Corporation, et al. (Lawyers Weekly No. 12-069-17)
Disputed contract dispute letter did not trigger statute of limitations on breach of contract claims because letter expressed disagreement about contract existence, not refusal to pay owed amounts.
Xu, et al. v. Donovan, et al. (Lawyers Weekly No. 12-066-17)
Summary judgment granted where insurance policies unambiguously capped individual coverage at $2.5 million despite $30 million aggregate excess coverage, defeating fraud and consumer protection claims.
Oxford Global Resources, LLC v. Hernandez (Lawyers Weekly No. 12-065-17)
Court dismisses Massachusetts suit on forum non conveniens grounds, finding choice-of-law and forum selection clauses unenforceable as against California public policy.
Petrucci v. Esdaile, et al. (Lawyers Weekly No. 12-063-17)
Disputed LLC dissolution and alleged asset misappropriation; statute of limitations choice of law; fraud and unjust enrichment claims survive; non-compete and fiduciary duty claims dismissed.
Gowen v. Benchmark Senior Living LLC (Lawyers Weekly No. 12-057-17)
Resident of assisted living facility states viable claims against operator for unlawful community fee and security deposit violations under residential landlord-tenant law despite separate regulation of assisted living facilities.
Rona v. Greene, et al. (Lawyers Weekly No. 12-058-17)
Lawyer claims right to share of future legal fees earned after employment ends. Court holds contingent payment is not earned wage under Wage Act.
WHDT Congress Holdings LP v. Farnsworth Congress LLC (Lawyers Weekly No. 12-059-17)
Court denies preliminary injunction in commercial tenancy dispute involving developer's contractual right to approve restaurant tenant based on quality standards.
New England Patriots Fans v. National Football League, et al. (Lawyers Weekly No. 12-060-17)
Court denies reconsideration of appeal dismissal, holding mailbox rule inapplicable where deadline runs from judgment entry, not service of papers.
Yarpah v. Bowden Hospitality Newton LLC, et al. (Lawyers Weekly No. 12-061-17)
Worker sued hotel for violating Tips Act by imposing administrative charges and retaining revenue. Court dismissed claims against parent companies lacking control over the charges.