Shachoy v. Conrades, et al. (Lawyers Weekly No. 09-068-17)
Court granted attachment of shareholder's assets for $5 million based on likelihood defendants would recover judgment for misappropriated funds and unauthorized withdrawals.
Lawyers
Commonwealth v. Knowles (Lawyers Weekly No. 11-004-18)
Cross-examination of lay witness improper but harmless; expert witness questioning not subject to innuendo rule; defendant's statements and Miranda waiver voluntary.
Roma, III, Ltd. v. Board of Appeals of Rockport (Lawyers Weekly No. 10-002-18)
Town zoning bylaw prohibiting private heliports without approval or special permit is not preempted by state aeronautics statutes. Reversed and remanded.
Boston Scientific Corporation v. Takahashi, et al. (Lawyers Weekly No. 09-060-17)
Court denies forum non conveniens dismissal where employment agreements contained Massachusetts forum selection and choice-of-law clauses, despite defendants working in California.
Misra, et al. v. Credico (USA LLC, et al. (Lawyers Weekly No. 09-061-17)
Court denies motion to dismiss or stay state wage-theft action based on pending federal litigation; finds motion moot after federal summary judgment granted.
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.
In re Rewalk Robotics Ltd. Stockholder Litigation (Lawyers Weekly No. 09-063-17)
Court grants stay of securities class action in favor of parallel federal multidistrict litigation raising identical issues and parties.
Turner v. Cheffers, et al. (Lawyers Weekly No. 09-064-17)
Minority shareholder claims alleging diversion of corporate assets held to be derivative rather than direct claims; shareholder majority vote to ratify defendants' actions bars derivative suit.
Lubin & Meyer, P.C. v. Manning (Lawyers Weekly No. 09-065-17)
Law firm sued former associate for breach of fiduciary duty. Associate counterclaimed for defamation, invasion of privacy, and emotional distress based on litigation statements. Court dismissed most claims as privileged but allowed abuse of process claim.
Hasouris v. Sorour (Lawyers Weekly No. 11-003-18)
Deposition of unavailable codefendant anesthesiologist properly admitted at trial under civil procedure rule permitting use when witness subpoenaed but fails to appear, despite witness's invocation of Fifth Amendment privilege against self-incrimination.