Agenus, Inc. v. McCourt (Lawyers Weekly No. 09-004-18)
Court denies former employee's motion to dismiss trade secret and non-compete claims, rejecting anti-SLAPP defense and waiver arguments.
Category Superior Court Opinions
Jones, et al. v. Massachusetts Department of Children & Families (Lawyers Weekly No. 09-001-18)
Court dismisses negligence claims against DCF under discretionary function exemption of Tort Claims Act, finding child custody and abuse investigation decisions qualify for sovereign immunity.
Boston Segway Tours, Inc., et al. v. Danley, et al. (Lawyers Weekly No. 09-066-17)
Court grants summary judgment on liability for consulting services and equipment loan. Damages determination deferred to future hearing.
Meunier, et al. v. Market Strategies, Inc. (Lawyers Weekly No. 09-067-17)
Seller's counterclaim for unpaid purchase price not dismissible despite subordination agreement language, where seller alleged buyer conspired with lender to commit fraud and breach implied covenant of good faith.
Shachoy v. Conrades, et al. (Lawyers Weekly No. 09-068-17)
Court granted attachment of shareholder's assets for $5 million based on likelihood defendants would recover judgment for misappropriated funds and unauthorized withdrawals.
Boston Scientific Corporation v. Takahashi, et al. (Lawyers Weekly No. 09-060-17)
Court denies forum non conveniens dismissal where employment agreements contained Massachusetts forum selection and choice-of-law clauses, despite defendants working in California.
Misra, et al. v. Credico (USA LLC, et al. (Lawyers Weekly No. 09-061-17)
Court denies motion to dismiss or stay state wage-theft action based on pending federal litigation; finds motion moot after federal summary judgment granted.
Fratea v. Unitrends, Inc., et al. (Lawyers Weekly No. 09-062-17)
Separation agreement release enforceable where it specifically references Wage Act, plainly warns of rights relinquished, and provides reasonable time to consult counsel.
In re Rewalk Robotics Ltd. Stockholder Litigation (Lawyers Weekly No. 09-063-17)
Court grants stay of securities class action in favor of parallel federal multidistrict litigation raising identical issues and parties.
Turner v. Cheffers, et al. (Lawyers Weekly No. 09-064-17)
Minority shareholder claims alleging diversion of corporate assets held to be derivative rather than direct claims; shareholder majority vote to ratify defendants' actions bars derivative suit.