Limoliner, Inc. v. Dattco, Inc. (Lawyers Weekly No. 10-141-16)
Regulation requiring repair shops to document customer repair requests applies to business customers, not just consumers, based on definition of 'customer' and regulatory language.
Inc.
Aggregate Industries – Northeast Region, Inc. v. Hugo Key and Sons, Inc., et al. (Lawyers Weekly No. 11-114-16)
Subcontractor entitled to attorney's fees under public works bond statute on quantum meruit claim for grading services, despite general contractor's settlement offer. Chapter 93A counterclaim dismissed.
Gyulakian v. Lexus of Watertown, Inc., et al. (Lawyers Weekly No. 10-134-16)
Punitive damages against an employer for hostile work environment may be imposed when employer has notice of harassment but fails to investigate and remedy it adequately, and such failure is outrageous or egregious.
Suffolk Construction Company, Inc. v. Benchmark Mechanical Systems, Inc., et al. (Lawyers Weekly No. 10-125-16)
Construction company seeks recovery of surplus after paying debt owed by subcontractor. Statute of limitations bars common-law claims but equitable claims for subrogation and unjust enrichment remain viable.
Bowers v. P. Wile’s Inc. (Lawyers Weekly No. 10-107-16)
Mode of operation approach applies to self-service gravel display area where stones predictably migrate onto walkway, creating foreseeable tripping hazard.
Great Woods, Inc., et al. v. Clemmey (Lawyers Weekly No. 11-092-16)
Permanent injunction preventing neighbor from trespassing and harassing employees extended to successor property owner. No significant change in circumstances warranted relief.
Bank of America, N.A. v. Prestige Imports, Inc., et al. (Lawyers Weekly No. 11-087-16)
Attorney's lien forfeited when lawyer withdraws without good cause, but retained under quantum meruit when client conduct destroys the attorney-client relationship.
New England Survey Systems, Inc. v. Department of Industrial Accidents (Lawyers Weekly No. 11-076-16)
Debarment penalty for failure to maintain workers' compensation insurance applies automatically when stop work order issues, without requiring proof of employer intent to avoid premium payments.
Melrose Fish and Game Club, Inc. v. Tennessee Gas Pipeline Company, LLC (Lawyers Weekly No. 11-073-16)
Fish and game club held easement by estoppel over paper street despite non-construction; pipeline facility blocking easement constitutes continuing trespass.
Eisai, Inc., et al. v. Housing Appeals Committee, et al. (Lawyers Weekly No. 11-072-16)
Property owners challenged comprehensive permit approval for affordable housing in industrial zone. Court held abutters had standing and Housing Appeals Committee properly weighed planning concerns against regional housing need.