Meunier, et al. v. Market Strategies, Inc. (Lawyers Weekly No. 12-072-17)
Sellers lack standing to enforce buyer's payment obligations to holding company they created, though independent misrepresentation claims may proceed.
Lawyers
Bay Colony Property Development Company, et al. v. Headlands Realty Corporation, et al. (Lawyers Weekly No. 12-069-17)
Disputed contract dispute letter did not trigger statute of limitations on breach of contract claims because letter expressed disagreement about contract existence, not refusal to pay owed amounts.
AIDS Support Group of Cape Cod, Inc. v. Town of Barnstable, et al. (Lawyers Weekly No. 10-104-17)
Private needle distribution program does not violate statutes regulating needle sales or authorizing state-approved exchange programs.
Xu, et al. v. Donovan, et al. (Lawyers Weekly No. 12-066-17)
Summary judgment granted where insurance policies unambiguously capped individual coverage at $2.5 million despite $30 million aggregate excess coverage, defeating fraud and consumer protection claims.
People for the Ethical Treatment of Animals, Inc. v. Department of Agricultural Resources, et al. (Lawyers Weekly No. 10-105-17)
SJC vacates judgment protecting animal health certificate information from public disclosure; narrows public safety exemption; rejects heightened deference to records custodian.
Oxford Global Resources, LLC v. Hernandez (Lawyers Weekly No. 12-065-17)
Court dismisses Massachusetts suit on forum non conveniens grounds, finding choice-of-law and forum selection clauses unenforceable as against California public policy.
Langan v. Board of Registration in Medicine (Lawyers Weekly No. 10-103-17)
Physician's license suspension affirmed where he failed to submit required monitoring plans and abstinence documentation demanded by reinstatement conditions.
Chamberland v. Arbella Mutual Insurance Company (Lawyers Weekly No. 11-077-17)
Underinsured motorist carrier did not waive arbitration right by waiting until insured's underlying action concluded. Collateral estoppel does not apply where policy requires arbitration.
Lizardo v. Ortega (Lawyers Weekly No. 11-078-17)
Father's retroactive disability payment treated as single lump-sum distribution subject to federal sixty-five percent garnishment limit; additional payment to mother reversed as excessive.
Chamberland v. Arbella Mutual Insurance Company (Lawyers Weekly No. 11-077-17)
Underinsured motorist insurer did not waive arbitration rights by waiting until insured's lawsuit against tortfeasor concluded before demanding arbitration of coverage dispute.