WHDT Congress Holdings LP v. Farnsworth Congress LLC (Lawyers Weekly No. 12-059-17)
COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT. 1784CV00295-BLS2 ____________________ WHDT CONGRESS HOLDINGS LP v. FARNSWORTH CONGRESS LLC ____________________ MEMORANDUM AND ORDER DENYING PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION AND SCHEDULING A RULE 16 CONFERENCE TO PICK A TRIAL DATE WHDT Congress Holdings LP has contracted to buy a ground-floor commercial condominium unit in a building that Farnsworth Congress LLC is having constructed at 338 Congress Street in the Fort Point Channel neighborhood of Boston. The parties’ purchase and sale agreement gives Farnsworth a “limited right of approval” of any proposed tenant to ensure that it “is of similar quality and class” as the “first class appearance and nature” of the building as a whole. Although WHDT is not required to lease the unit to a restaurant, if its wishes to do so Farnsworth has the contractual right to withhold approval if the proposed tenant is not “of similar or greater quality and appearance” to Row34, Bastille Kitchen, Sportello, and Blue Dragon, which are all located within a few blocks of the new building. WHDT filed a complaint in January 2017 claiming that Farnsworth has unreasonably withheld approval of a franchise of the “&pizza” chain as a tenant, allegedly in violation of the parties’ P&S. Almost three months later WHDH served, and has now filed, a motion for a preliminary injunction that would enjoin Farnsworth from withholding its approval of &pizza’s tenancy and also order Farnsworth to provide plans and other documentation regarding the disputed condominium. WHDT proposes that resolution of its preliminary injunction motion be consolidated with a bench trial on the merits to be held no later than forty-five days of the date it served its motion, i.e. by June 5, 2017.1 The Court declines to consolidate the motion hearing with the trial and hold both in early June, because new issues raised by WHDT for the first time in its motion 1 Neither party has requested a jury trial. WHDT represents that is because the parties waived any right to a jury trial in their P&S. – 2 – papers will require a reasonable time for discovery plus expert testimony. The Court will deny the preliminary injunction motion because WHDT has not shown that it is likely to prevail on the merits of its claims or that it will suffer any irreparable harm in the meantime. If WHDT had sought a prompt trial when it filed its complaint, it may have made sense to schedule the trial for early June. It is now too late for that. But the Court believes that the parties should be able to get this case ready for trial within the next two or three months. It will hold a scheduling conference next […]
Adams v. Congress Auto Insurance Agency, Inc. (Lawyers Weekly No. 11-177-16)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 15-P-452 Appeals Court MARK ADAMS vs. CONGRESS AUTO INSURANCE AGENCY, INC. No. 15-P-452. Middlesex. March 10, 2016. – December 21, 2016. Present: Kafker, C.J., Vuono, & Henry, JJ. Negligence, Insurance company, Employer, Foreseeability of harm, Causation, Retention of employee, Entrustment, Emotional distress. Damages, Emotional distress. Consumer Protection Act, Responsibility of employer. Practice, Civil, Summary judgment, Motion to amend. Civil action commenced in the Superior Court Department on April 16, 2013. Motions for summary judgment and to amend the complaint were heard by Peter B. Krupp, J. Henry P. Sorett for the plaintiff. Jeffrey S. Robbins for the defendant. HENRY, J. This case arose from an employee’s improper use of confidential information accessed through her workplace computer. The employee gave that information to her boy friend, who used it to intimidate a witness, Mark Adams. Adams brought this action against the employer, Congress Auto Insurance Agency, Inc. (Congress Agency or agency). A Superior Court judge dismissed four of his five claims. The case proceeded to discovery on the remaining claim against the agency that alleged negligent failure to safeguard Adams’s personal information. The same judge subsequently granted the agency’s motion for summary judgment on the remaining count and in the same memorandum and order denied Adams’s motion to amend his complaint to reinstate the dismissed claims and to add a claim for violation of 18 U.S.C. §§ 2721-2725. Adams appealed. We affirm in part and reverse in part. Summary judgment. “The standard of review of a grant of summary judgment is whether, viewing the evidence in the light most favorable to the nonmoving party, all material facts have been established and the moving party is entitled to judgment as a matter of law.” Lev v. Beverly Enterprises-Massachusetts, Inc., 457 Mass. 234, 237 (2010) (Lev), quoting from Cargill, Inc. v. Beaver Coal & Oil Co., 424 Mass. 356, 358 (1997). The burden rests on the defendant, as the moving party, to affirmatively demonstrate the absence of a genuine issue of material fact on every relevant issue. Ibid. Facts. Viewed in the light most favorable to Adams, as required at this stage of the proceedings, the summary judgment record discloses the following facts. The Congress Agency hired Elizabeth Burgos in August, 2003, as a customer service representative, promoting her to […]
Massachusetts Congress Introduces Resolution Honoring Bombing Victims
Submitted by the office of Sen. Elizabeth Warren The Massachusetts Congressional Delegation on Tuesday introduced a resolution commending the heroism, courage and sacrifice of the victims of last week’s attacks in Boston. The delegation includes Sen. Elizabeth Warren, Sen. William “Mo” Cowan, Rep. Ed Markey, Rep. Richard Neal, Rep. Jim McGovern, Rep. John Tierney, Rep. Michael Capuano, Rep. Stephen Lynch, Rep. Bill Keating, Rep. Joe Kennedy and Rep. Niki Tsongas. The resolution honors the memories of those lost, and expresses thanks to the men and women of law enforcement in the United States for their unwavering determination, courage, and resolve to bring to justice the people responsible for the bombings that occurred during the running of the 117th Boston Marathon. The full text of the resolution is below, and the online resolution can be found here. RESOLUTION Commending the heroism, courage, and sacrifice of Sean Collier, an officer in the Massachusetts Institute of Technology Police Department, Martin Richard, an 8-yearold resident of Dorchester, Massachusetts, Krystle Campbell, a native of Medford, Massachusetts, Lu Lingzi, a student at Boston University, and all the victims who are recovering from injuries caused by the attacks in Boston, Massachusetts, including Richard Donohue, Jr., an officer in the Massachusetts Bay Transportation Authority Transit Police Department. Whereas, in the aftermath of the deadly bombings that occurred on Patriots’ Day, April 15, 2013, during the running of the 117th Boston Marathon, the residents of Massachusetts and the people of the United States witnessed the incredible bravery, dedication, and sacrifice of law enforcement officers, first responders, and citizen heroes; Whereas Sean Collier of Wilmington, Massachusetts, an officer in the Massachusetts Institute of Technology (referred to in this preamble as ‘‘MIT”) Police Department, gave his life in the line of duty, the ultimate sacrifice; Whereas Officer Sean Collier was protecting the students of MIT when he was killed as he sat in his police cruiser; Whereas Officer Sean Collier was known by his family, friends, and co-workers as a generous, kind, friendly, and devoted individual and officer; Whereas the people of the United States join with the family of Officer Sean Collier, the MIT community, and the residents of Massachusetts in mourning the loss of Officer Sean Collier, a dedicated, hardworking, and respected young police officer; Whereas the people of the United States remember Martin Richard, an 8-year-old boy from Dorchester, Massachusetts; Whereas Martin Richard loved to play sports and draw pictures, and was dearly loved by his family, friends, classmates, and community; Whereas the people of the United States will always remember and strive to live the poignant and powerful message from Martin Richard: ‘‘No more hurting people. Peace.”; Whereas the people of the United […]
Categories: Arrests Tags: Bombing, Congress, Honoring, Introduces, massachusetts, Resolution, Victims