Court denied healthcare network's motion to assert counterclaims against departing physician group and to sue hospital for tortious interference, finding proposed claims legally insufficient and untimely joinder unfair.
Court denies tow company's motion to dismiss overcharge lawsuit; DPU regulations required itemized information; Consumer Protection Act permits suit without administrative exhaustion.
Defendant's counterclaim alleging fraud and breach of contract survived motion to dismiss where allegations were plausibly detailed despite not identifying each speaker.
Law firm partners left to start competing firm after failed buyout negotiations. Court denied preliminary injunction motion because firm failed to prove irreparable harm from loss of databases and equipment.
Physician network's motion to assert counterclaims and add third-party defendant denied where counterclaims lack legal merit and joinder of defendant comes too late in litigation.
Chapter 93A does not apply to public agencies acting pursuant to legislative mandate even when they engage in revenue-generating transactions. Double recovery is barred where the same conduct forms the basis for forfeiture of one party's claims and damages for the other.
Minority shareholders successfully voided stock transfers to majority shareholder's children as violating a redemption agreement. Derivative claims dismissed due to lack of standing under the contemporaneous ownership requirement.
Court denies towing company's motion to dismiss class action alleging overcharges for mileage and fuel surcharges imposed without required disclosures.
Superior court has jurisdiction over tortious interference with inheritance claims distinct from probate will contests and may proceed after probate settlement. Heirs need not prove the prior will valid to recover for intentional tortious conduct that reduced their expectancy.
Guarantor's motion to dismiss liability cap denied; Chapter 93A claim survives despite contractual limitation. Motions to dismiss by non-signatory defendants granted for insufficient pleading of alter ego, fraudulent transfer, and reach-and-apply claims.