Employee hired under offer letter providing forgivable loan and signing bonus conditioned on employment duration failed to state fraud counterclaim because allegations lacked required particularity and CRA owed no disclosure duty.
COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT. 1584CV00149-BLS2 ____________________ THE GILLETTE COMPANY v. CRAIG PROVOST, JOHN GRIFFIN, WILLIAM TUCKER, DOUGLAS KOHRING, and SHAVELOGIC, INC. ____________________ MEMORANDUM AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT The Gillette Company alleges that four former…
Court dismissed common law wage claims where salespeople's implied contract provided for commission-only pay, barring unjust enrichment theories.
Court compels production of emails shared between privileged communications and non-client brother, finding no implied attorney-client relationship and waiver of privilege.
Contractor recovers mistakenly-paid subcontract funds through equitable subrogation doctrine, obtaining full surplus held by subcontractor's lender after judgment satisfaction.
Software services contract; acceptance as condition precedent to payment; limitation of remedies and liability clauses.
Sex offender challenges mandatory GPS monitoring as unconstitutional search. Court holds continuous tracking is reasonable given diminished privacy expectations, compelling government interests in deterrence and public safety.
Insurance companies cannot recoup defense costs advanced under reservation of rights when the policy contains no reimbursement provision, even if a court later determines no coverage existed.
Subcontract waiver of consequential damages bars recovery even if cardinal change in contract scope is proven.
Subcontractor's counterclaims for consequential damages dismissed despite cardinal change argument because subcontract explicitly waived indirect damages claims.