Cumberland Farms, Inc. v. Tenacity Construction, Inc. (Lawyers Weekly No. 12-161-16)
Construction contractor's claim for equitable adjustment of contract price for winter-related productivity losses barred by express no-damages-for-delay clause.
Inc.
OBP Corporation v. Welch Allyn, Inc. (Lawyers Weekly No. 12-156-16)
Court denies motion to dismiss misappropriation claim where competitor received confidential customer list from distributor and used it to target competitor's clients with discounts.
Tam, et al. v. Federal Management Co., Inc., et al. (Lawyers Weekly No. 12-154-16)
Class of property managers decertified after discovery revealed named plaintiffs submitted false affidavits and one faced statute of limitations bar.
Paasch, et al. v. INVO Bioscience, Inc., et al. (Lawyers Weekly No. 12-150-16)
Default judgment against defaulting defendant improper where identical claims against co-defendants were dismissed for failure to state a claim.
Rass Corporation v. The Travelers Companies, Inc., et al. (Lawyers Weekly No. 11-163-16)
Insurer breached duty to indemnify and violated consumer protection statute by refusing fair settlement contribution and reasonable attorney fees after acknowledging coverage for email-based defamation and trade disparagement claims.
Homeowner’s Rehab, Inc., et al. v. Related Corporate V SLP, L.P., et al. (Lawyers Weekly No. 12-143-16)
Court granted stay pending appeal in property dispute, enjoining sale of Cambridge real estate and tolling exercise period under 1997 option agreement.
Verizon New England Inc. v. Board of Assessors of Boston (and a consolidated case) (Lawyers Weekly No. 10-173-16)
Split tax rate structure treating personal property same as commercial and industrial real property does not violate constitutional proportionality requirement.
Bernier, et al. v. Smitty’s Sports Pub, Inc. (Lawyers Weekly No. 11-146-16)
Bar patron lawfully on premises when he mistakenly opened employee door and fell down unlocked stairwell. Bar negligent in maintenance.
JNM Hospitality, Inc. v. McDaid, et al. (Lawyers Weekly No. 11-136-16)
Restaurant tenant sues condominium trustees for interference with lease over parking spaces licensed to postal service; affirmed.
Niedner v. Ortho-McNeil Pharmaceutical, Inc., et al. (Lawyers Weekly No. 11-131-16)
Manufacturer of hormonal birth control patch adequately warned of increased blood clot risk through multiple, plain-language disclosures in product insert.