Braintree Property Associates, LP v. Marzouki, et al. (Lawyers Weekly No. 09-038-17)
Commercial landlord awarded summary judgment for unpaid rent and damages against abandoning tenant and two guarantors; lease relieved landlord of mitigation duty.
Category Superior Court Opinions
Clairmont, et al. v. Amer Sports Winter & Outdoor Company, et al. (Lawyers Weekly No. 09-039-17)
Plaintiff failed to provide expert evidence that speed laces on hiking boots were defectively designed or that a safer alternative existed.
Moses v. Mitchell, et al. (Lawyers Weekly No. 09-040-17)
Inmate's disciplinary conviction reversed where hearing officer denied request to call only witness with direct knowledge of alleged misconduct, providing only conclusory three-word explanation contrary to regulations.
Beninati, et al. v. Borghi, et al. (Lawyers Weekly No. 09-032-17)
Court upholds attorney's fee award in Chapter 93A violation but excludes pre-litigation settlement discussion costs, declining to reduce fees based on defendant's shareholding interest.
Trematerra, et al. v. Major League Lacrosse, LLC, et al. (Lawyers Weekly No. 09-033-17)
Court partially grants motion to dismiss investor's fraud and contract breach claims against professional lacrosse league and its officers, retaining misrepresentation counts but dismissing derivative claims.
Wildlands Trust of Southeastern Massachusetts, Inc., et al. v. Cedar Hill Retreat Center, Inc., et al. (Lawyers Weekly No. 09-034-17)
Court clarifies discovery limits in conservation restriction enforcement dispute, allowing limited discovery about property activities post-September 2012 during ongoing mediation.
Schiefer, et al. v. Bain Capital, LP (Lawyers Weekly No. 09-036-17)
Court awarded full attorney's fees in overtime class action despite defendant's challenges to methodology and claim segregation.
Butts, et al. v. Freedman, et al. (Lawyers Weekly No. 09-037-17)
LLC members and employee left for competitor after secret negotiations, allegedly diverting clients and taking confidential information. Court denied summary judgment on fiduciary duty claims.
ABCD Holdings, LLC v. Hannon, et al. (Lawyers Weekly No. 09-035-17)
Court allowed real estate attachment for lender seeking to recover on personal guaranty and fraudulent transfer claims.
Anne Gamble Ten Taxpayer Group, et al. v. Health Facilities Appeals Board, et al. (Lawyers Weekly No. 09-031-17)
Court upholds Determination of Need for hospital expansion project, applying deferential arbitrary-and-capricious standard and rejecting challenges to Department's consideration of service duplication and patient projection concerns.