Silva v. Todisco Services, Inc. (Lawyers Weekly No. 12-006-17)
Court denies tow company's motion to dismiss overcharge lawsuit; DPU regulations required itemized information; Consumer Protection Act permits suit without administrative exhaustion.
Inc.
Whittier IPA, Inc. v. Steward Health Care Network, Inc. (Lawyers Weekly No. 12-005-17)
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.
Silva v. Todisco Services, Inc. (Lawyers Weekly No. 12-006-17)
Court denies towing company's motion to dismiss class action alleging overcharges for mileage and fuel surcharges imposed without required disclosures.
Middlesex Integrative Medicine, Inc. v. Massachusetts Department of Public Health (Lawyers Weekly No. 12-180-16)
Medical marijuana applicant denied monetary relief for application fees paid; certiorari review limited to correcting errors, not awarding damages.
DeVito, et al. v. Longwood Security Services, Inc., et al. (Lawyers Weekly No. 12-169-16)
Unpaid meal breaks during which security officers remained on duty constitute compensable working time under the "relief from duties" test in Massachusetts regulations, not the federal "predominant benefit" standard.
Wildlands Trust of Southeastern Massachusetts, Inc., et al. v. Cedar Hill Retreat Center, Inc., et al. (Lawyers Weekly No. 12-174-16)
Conservation restriction enforcement action where court allows breach claims against both property owner and original grantor to proceed while dismissing consumer protection claims.
Stemgent, Inc. v. Orion Equity Partners, et al. (Lawyers Weekly No. 12-176-16)
Competitor's unsolicited bids during exclusive negotiations do not constitute tortious interference absent improper motive or means; legitimate business competition suffices.
In re Ovascience, Inc. Stockholder Litigation (Lawyers Weekly No. 12-177-16)
Securities fraud class action alleging misrepresentations about experimental fertility treatment in stock offering registration statement. Motion to dismiss denied.
Adams v. Congress Auto Insurance Agency, Inc. (Lawyers Weekly No. 11-177-16)
Insurance agency employee misused confidential customer data to aid boyfriend's witness intimidation. Appeals Court reversed summary judgment, holding agency owed duty to protect third parties from foreseeable misuse.
Chambers, et al. v. RDI Logistics, Inc., et al. (Lawyers Weekly No. 10-187-16)
Federal FAAAA preemption of Massachusetts independent contractor statute partially severed; prong two preempted as applied to motor carriers; prongs one and three remain enforceable; summary judgment reversed; remanded.