Boston Segway Tours, Inc., et al. v. Danley, et al. (Lawyers Weekly No. 09-066-17)
Court grants summary judgment on liability for consulting services and equipment loan. Damages determination deferred to future hearing.
Inc.
Meunier, et al. v. Market Strategies, Inc. (Lawyers Weekly No. 09-067-17)
Seller's counterclaim for unpaid purchase price not dismissible despite subordination agreement language, where seller alleged buyer conspired with lender to commit fraud and breach implied covenant of good faith.
Fratea v. Unitrends, Inc., et al. (Lawyers Weekly No. 09-062-17)
Separation agreement release enforceable where it specifically references Wage Act, plainly warns of rights relinquished, and provides reasonable time to consult counsel.
JRM Hauling & Recycling Services, Inc. v. The Newark Group, Inc. (Lawyers Weekly No. 09-056-17)
Buyer wrongfully repudiated a ten-year output contract when seller briefly suspended deliveries. Court found repudiation unjustified but dismissed breach claim because seller failed to prove market price of the goods.
City of Beverly v. Bass River Golf Management, Inc., et al. (Lawyers Weekly No. 11-002-18)
Affirmed judgment for municipality against golf course manager for breach of contract, rejecting manager's defenses based on alleged accessibility violations.
CALM Golf, Inc. v. Read, et al. (Lawyers Weekly No. 09-055-17)
Municipal golf course contract award not binding; bidder cannot recover where court order prohibited town from executing contract with award winner.
Wildlands Trust of Southeastern Massachusetts, Inc., et al. v. Cedar Hill Retreat Center, Inc., et al. (Lawyers Weekly No. 09-046-17)
Superior Court dismisses new amended claims in Conservation Restriction enforcement action but preserves original Gift Agreement and breach of restriction claims for trial.
In re OvaScience Inc. Stockholder Litigation (Lawyers Weekly No. 09-050-17)
Court denies class certification in securities fraud case involving OvaScience stock offering, finding nonresident stockholders lack minimum contacts with Massachusetts and Massachusetts-only class too small.
In re OvaScience Inc. Stockholder Litigation (Lawyers Weekly No. 09-051-17)
Individual plaintiffs buying OvaScience shares through online brokers in the aftermarket lack standing under Securities Act Sections 11 and 12(a)(2). Summary judgment granted.
Minichiello Bros., Inc., et al. v. Marchese, et al. (Lawyers Weekly No. 09-052-17)
Court denies landlord's motion for summary judgment seeking possession of property occupied under oral lease, finding genuine disputes regarding equitable estoppel and environmental compliance obligations.