Ramirez v. Commerce Insurance Company (Lawyers Weekly No. 11-022-17)
Third-party claimant cannot recover sales tax damages on total loss automobile without proving he purchased a replacement vehicle and paid tax.
Lawyers
Ramirez v. Commerce Insurance Company (Lawyers Weekly No. 11-022-17)
Insurer properly denied sales tax reimbursement where claimant retained totaled vehicle and purchased no replacement, requiring proof of actual tax incurred.
The Gillette Company v. Provost, et al. (Lawyers Weekly No. 11-023-17)
Anti-SLAPP protections and litigation privilege do not bar counterclaims alleging a company filed a baseless lawsuit to prevent competition.
Burns v. Taylor, et al. (Lawyers Weekly No. 12-018-17)
Partnership formation dispute. Written agreement never finalized, but evidence suggested parties intended to be partners with fiduciary duties. Breach of contract claims fail; fiduciary duty claims survive summary judgment.
Balles v. Babcock Power Inc. (Lawyers Weekly No. 10-039-17)
Court affirms executive's recovery where corporation failed to provide notice and opportunity to cure before terminating for cause under stockholders' agreement.
C.E.R. v. P.C., et al. (Lawyers Weekly No. 11-021-17)
Landlord's harassment prevention orders against tenants vacated. Conduct did not meet statute's three-act threshold.
Mullins v. Corcoran, et al. (Lawyers Weekly No. 12-019-17)
Partners in closely held real estate business could not resolve development dispute; summary judgment denied on breach of contract and fiduciary duty claims due to factual disputes.
Roger v. Centerline Holding Company, et al. (Lawyers Weekly No. 12-020-17)
Member of limited liability company held entitled to majority voting rights and record access; individual member cannot unilaterally manage company affairs despite contractual language.
International Brotherhood of Electrical Workers Local No. 129 Benefit Fund v. Tucci, et al. (and eight companion cases) (Lawyers Weekly No. 10-038-17)
Shareholders suing over inadequate merger consideration must bring derivative claims on behalf of the corporation, not direct claims against directors, under Massachusetts law.
BourgeoisWhite, LLP v. Sterling Lion, LLC, et al. (Lawyers Weekly No. 11-020-17)
Law firm cannot revoke professional courtesy credits previously written off to client after representation ends, as credits constituted express waiver under contract law and fiduciary duty principles.