Saturn Funding, LLC v. NRO Boston, LLC, et al. (Lawyers Weekly No. 12-017-17)
Court vacated default judgment by confession where defendants raised meritorious defenses to allegedly usurious loan rates and improper judgment-confession provisions.
Lawyers
J.S.H. v. J.S. (Lawyers Weekly No. 11-019-17)
Expungement of harassment prevention orders available only upon clear showing of fraud on court, not mere conflicting testimony about email content.
Doe v. American Guaranty and Liability Co., et al. (Lawyers Weekly No. 11-018-17)
Attorney-client privilege waived when client sues for legal malpractice; information used to defend malpractice action was substantively relevant to underlying case.
Kirin Produce Co., Inc. v. Lun Fat Produce, Inc., et al. (Lawyers Weekly No. 12-013-17)
No enforceable contract formed where detailed negotiations involved preliminary written proposals disclaimed as drafts, a counteroffer rejected the other party's position, and any oral agreement violated the Statute of Frauds for land interests.
NetScout Systems, Inc. v. Hohenstein (Lawyers Weekly No. 12-015-17)
Court reconsidered denial of preliminary injunction, finding NetScout was legal successor to non-compete agreement. Injunction limited to employee's sales region where employer proved legitimate business interests.
Meunier, et al. v. Market Strategies, Inc. (Lawyers Weekly No. 12-016-17)
Covenant not to sue binds holding company, not individual members, so individuals' personal lawsuit does not breach the company's contractual covenant.
NetScout Systems, Inc. v. Hohenstein (Lawyers Weekly No. 12-014-17)
Assignee of noncompete agreement cannot enforce restrictions broader than original contracting party possessed. Employer must show agreement protects legitimate business interests.
Commonwealth v. Blanchard (Lawyers Weekly No. 10-036-17)
When jurors are exposed to extraneous materials during deliberations, judge may remedy through individual voir dire and jury instruction rather than automatic mistrial.
Commonwealth v. Oberle (Lawyers Weekly No. 10-037-17)
Affirmed assault and battery and kidnapping convictions; peremptory challenge denial and prior bad act evidence properly admitted.
Commonwealth v. Unitt (and six companion cases) (Lawyers Weekly No. 11-017-17)
Bail forfeiture reversed where defendants satisfied bail conditions with no default. Judge lacked authority to forfeit and apply bail to restitution without proper evidentiary hearing.