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Condo Owner’s Claims Seeking to Hold Developer Liable Survive Motion to Dismiss

In Hershey v. Mount Vernon Partners, LLC, Judge Green faced dueling motions to dismiss in a dispute arising from the purchase of an “ultra-luxury” condominium in Beacon Hill. Judge Green granted Brett Hershey’s motion, in...more

Court Denies Facebook’s Motion to Stay Order Compelling Production of Documents

As we previously blogged, Facebook and Massachusetts Attorney General Maura Healey (AG) are embroiled in a dispute over documents. After Facebook refused to produce certain information created in the course of its “App...more

Facebook Ordered to Turn Over Internal Investigation Documents to Massachusetts Attorney General

Judge Davis of the BLS ordered Facebook to produce documents to Massachusetts Attorney General Maura Healey (AG). The AG obtained the order while investigating Facebook’s policies and protections related to user data. The...more

Governor Baker’s Emergency Order Closing Adult-Use Marijuana Establishments Survives Constitutional Challenge in BLS

To help slow the spread of the COVID-19 pandemic, Governor Baker has ordered businesses to suspend physical operations unless he deems them “essential.” Under his emergency orders, Governor Baker considers medical-marijuana...more

Establishment of Nation-Wide Class Rejected in Securities Case

In Jackie 888, Inc. v. Tokai Pharmaceuticals, Inc., Jackie 888 sued Tokai on behalf of itself and a putative class of individuals who had purchased Tokai stock, alleging Tokai made misleading statements in an IPO registration...more

Community Health Systems Affiliate Found Subject to Personal Jurisdiction in Massachusetts

In Steward Health Care System v. CHSPSC, Judge Sanders found that CHSPSC, an affiliate of Community Health Systems (CHS), is subject to personal jurisdiction in Massachusetts for claims made under transition-services...more

Class Certification Denied in Action Against Auto Max for Alleged Failure to Disclose Structural Damage to Vehicles

In Cabrera v. Auto Max, Carlos Cabrera moved to certify a class of Auto Max vehicle purchasers who did not receive disclosures informing them that their vehicles had suffered structural/frame damage. Auto Max’s alleged...more

Judge Green Replacing Judge Kaplan in BLS1 (Massachusetts Superior Court)

This month, Judge Karen Green is replacing Judge Mitchell Kaplan as the judge for the January - June rotation of BLS1. Governor Charlie Baker appointed Judge Green to the Superior Court in 2016. ...more

Despite Difficulty Discerning Good Faith Basis for 93A Claim, Judge Salinger Denies Motion for Sanctions

After prevailing at trial, Cedar Hill Retreat Center sought sanctions against the plaintiffs under G.L. c. 231, § 6F. That statute authorizes a judge to award a moving party reasonable attorneys’ fees and costs if the judge...more

Judge Sanders Denies Motion Seeking Blessing of ConfidentialityDesignations

Judge Sanders denied a plaintiff’s motion seeking the court’s blessing of the plaintiff’s confidentiality designations. Pursuant to a confidentiality order, the plaintiff classified as “Confidential — Attorney’s Eyes Only”...more

Judge Kaplan Orders Return of Documents Inadvertently Produced

Ruling on a motion seeking the return of inadvertently produced privilege materials, Judge Kaplan elaborated on the meaning of “inadvertent” in the context of Massachusetts Rule of Civil Procedure 26(b)(5) and so-called...more

Insurer Prohibited from Relitigating Issue 'Necessarily Determined' by Federal Court

Judge Sanders granted partial summary judgment in favor of Raw Seafoods, Inc. (RSI), a seafood processor, in a coverage dispute with its insurer, Hanover Insurance Group (Hanover). Judge Sanders held that Hanover was bound by...more

Court Lacks Personal Jurisdiction Over Connecticut Corporation Incorporated After Its Owner Allegedly Committed Tortious Acts

In Renova Partners v. Michael Singer and Greenlight Development Partners, Judge Sanders granted Greenlight’s motion to dismiss for lack of personal jurisdiction because, among other things, Greenlight was “not even in...more

Defamation Claim Against America’s Test Kitchen Survives Summary Judgment

Judge Sanders refused to grant summary judgment for America’s Test Kitchen (ATK) on Christopher Kimball’s defamation claim. According to Kimball, ATK defamed him when it posted information on its website after the litigation...more

Panel Discussion on BLS Written Motion Practice: Key Takeaways

Earlier this fall, the Social Law Library sponsored a panel discussion entitled Written Motion Practice at the BLS: A Deep Dive on Effective Techniques. The four BLS judges—Judges Davis, Kaplan, Salinger, and...more

Bioscience Class Action Pending in State Court Stayed in Favor of Bioscience Class Action Pending in Federal Court

Judge Kaplan recently stayed a securities litigation filed in the BLS in favor of a securities litigation filed in federal court. The plaintiff in Lowinger v. Solid Biosciences Inc. filed his putative class action in the BLS....more

Court Rules on Remand that it Lacks Long-Arm Jurisdiction Over Tech Company in Defamation Lawsuit

Judge Kaplan recently ruled that the Superior Court does not have jurisdiction over an out-of-state defendant under the Massachusetts long-arm statute, G.L. c. 223A, § 3. The case involves two competing businesses that design...more

Court Relies on its Own Knowledge of Prevailing Market Rates to Determine Reasonableness of Attorneys’ Fees

In Parker v. EnerNoc, Inc., Judge Salinger considered the plaintiff’s request for attorneys’ fees after the plaintiff prevailed on her employment-based claims at trial. According to Judge Salinger, the plaintiff did not...more

Overriding a Massachusetts Forum-Selection Clause, SJC Affirms JudgeSalinger’s Dismissal of a Company’s Case against a Former...

Last summer, Judge Salinger ruled in Oxford Global Resources, LLC v. Hernandez that a plaintiff employer’s litigation against a former employee belonged in California, not Massachusetts. The defendant was employed in...more

Forum Selection Provision Does Not Render Arbitration Provision Ambiguous, Judge Sanders Rules

In McCarthy v. Genesee & Wyoming Railroad Services, an employee brought a lawsuit against his former employer, alleging that the employer breached the parties’ contract by failing to pay the employee severance benefits. The...more

Plaintiff’s Chapter 93A Claim Boomerangs When Plaintiff Moves to Dismiss Chapter 93A Counterclaim

A business plaintiff’s assertion of a Chapter 93A claim could boomerang where the plaintiff moves to dismiss a Chapter 93A counterclaim. That’s a key takeaway from Judge Kaplan’s decision in Microsemi Corp. v. Langlois....more

Gold’s Gym Debt Collector Escapes Chapter 93A Liability Where No ‘Separate’and ‘Distinct’ Injury Alleged

Judge Salinger granted summary judgment in favor of a defendant that violated Massachusetts debt collection law where a plaintiff failed to show an injury “separate” and “distinct” from the regulatory violation....more

America’s Test Kitchen Faces Abuse of Process Claim

America’s Test Kitchen (ATK) commenced suit against Christopher Kimball, who used to work for ATK. The lawsuit arises from Kimball’s development of a competing business. ATK also sued William Thorndike, Jr. According to ATK,...more

Equifax’s Motion to Dismiss Denied: Data Breach Complaint Alleges Sufficient Facts about Ownership or Licensing of Personal...

Judge Salinger denied a motion to dismiss a lawsuit brought by the Massachusetts Attorney General against Equifax. The lawsuit stems from the massive Equifax data breach of 2017....more

Footnoted Argument Normally Waived

From footnote two of Massachusetts v. Equifax: Although Equifax hinted at [a statutory] argument in a footnote, it did not develop the point or explain its significance in its original or reply memorandum. Instead, Equifax...more

6/21/2018  /  Legal Writing , Young Lawyers
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