ABM Industry Groups, LLC v. Palmarozzo, et al. (Lawyers Weekly No. 12-035-17)
Non-compete agreement unenforceable where employer fails to prove protection of legitimate business interests or confidential information misuse.
Superior Court Opinions
Aiguier v. Financial Industry Regulatory Authority, Inc., et al. (Lawyers Weekly No. 12-029-17)
Superior Court lacks jurisdiction to order expungement of customer complaints from FINRA database. FINRA Rule 2080 is procedural only; no equitable authority exists absent statute or due process violation.
Taylor v. Moskow, et al. (Lawyers Weekly No. 12-030-17)
Court awards attorneys' fees to defendant whose sister sued derivatively for breach of fiduciary duty well after the three-year statute of limitations expired.
Bassett, et al. v. Triton Technologies, Inc., et al. (Lawyers Weekly No. 12-032-17)
Employees can sue under the Wage Act for unpaid Sunday premium pay required by statute, even though the original statute does not expressly authorize private suits.
Dorrian v. LVNV Funding, LLC; Newton v. LVNV Funding, LLC (Lawyers Weekly No. 12-034-17)
Debt buyer LVNV must be licensed as a debt collector under state law even though it uses licensed agents to contact debtors, because the statute covers both direct and indirect collection activity.
Hlatky v. Horowitz, et al. (Lawyers Weekly No. 12-033-17)
Court denies disqualification motion where employee failed to establish attorney-client relationship with company's counsel despite communications about workplace concerns.
Holyoke Mutual Insurance Company in Sale,, et al. v. Vibram USA, Inc. (Lawyers Weekly No. 12-031-17)
Insurance companies cannot recoup defense costs advanced under reservation of rights when no coverage existed, absent explicit policy language. Unpaid defense costs incurred before declaratory judgment of no coverage cannot be recovered.
254 Newbury, LLC v. Wabora Newton LLC, et al. (Lawyers Weekly No. 12-026-17)
Sushi restaurant tenant operating permitted use with existing equipment not in breach of lease for cooking odors. Nuisance claim rejected. Landlord improperly charged tenant for remediation costs.
A.L. Prime Energy Consultant, Inc. v. Massachusetts Bay Transportation Authority (Lawyers Weekly No. 12-027-17)
Court denied MBTA's motion to dismiss a fuel supplier's breach claim, finding allegations that the agency terminated the contract solely for a better price stated an abuse of discretion.
Burns v. Taylor, et al. (Lawyers Weekly No. 12-018-17)
Partnership formation dispute. Written agreement never finalized, but evidence suggested parties intended to be partners with fiduciary duties. Breach of contract claims fail; fiduciary duty claims survive summary judgment.