Cases

410 Mass. 805 (1991) 575 N.E.2d 1107 JEFFREY FLESNER vs. TECHNICAL COMMUNICATIONS CORPORATION & others.[1] Supreme Judicial Court of Massachusetts, Middlesex. April 1, 1991. August 8, 1991. Present: LIACOS, C.J., WILKINS, ABRAMS, LYNCH, O'CONNOR, & GREANEY, JJ. Richard L. Neumeier (Paul M. Moretti with

van Gestel, J. This matter is before the Court on a motion for summaiy judgment (Paper #13), by the defendant, EMC Corporation (“EMC”). The Amended Complaint contains seven counts, as follows: Count I, breach of contract (UCC); Count II, breach of contract (CISG); Count III, promissoiy estoppel; Count IV, *140breach of covenant of good faith and fair dealing; Count V, qua

Spina, J. An arbitration panel awarded multiple damages and attorney’s fees under G. L. c. 93A, § 11, to Drywall Systems, Inc. (Drywall), in a dispute that arose out of several construction subcontracts between Drywall and ZVI Construction Co., Inc. (ZVI). Drywall brought an action under G. L. c. 251, § 11, to enforce the arbitration award. On cross motions for summary judgment a Superior Court judge ordered judgment for Drywall

Feeley, Timothy Q., J. Plaintiff Patrick Deheer (“Deheer”) is a podiatrist and was a member of the defendant American Academy of Podiatric Practice Management (the “Academy”). While a member, Deheer invested money with a private financial advisor held out and promoted by the Academy as a “Corporate Partner” of the Academy. The financial/investment advisor stole Deheer’s substantial investment and is currently serving or recentl

Houston, J. Plaintiff Efficient Management Systems, Inc. brings this action for breach of contract, violation of G.L.c. 93A, and tortious interference with advantageous relations against defendants Philip Morin and Laurence L. Moran as trustees of Truck Drivers’ Union Local Number 42 Health and Welfare Fund and Robert Marshall as trustee of the New England Teamsters and Baking Industries Fund. Defendants Morin, Moran and Marshall f

Lenk, J. INTRODUCTION Plaintiffs, Robyn and Per Johansen, brought this negligence and deceit action against defendants, Budget Rent A Car Systems, Inc. (“Budget Systems”), Budget Rent A Car Corp. (“Budget Corporation”), Budget Rent a Car International, Inc. (“Budget International”), and John Doe, for injuries they suffered in an automobile accident in Grenada, West Indies, on April 2, 1992. Plaintiffs argue

Lauriat, Peter M., J. In this action, the plaintiff, Brooks Place Properties, LLC (“BPP”) seeks, inter alia, to recover damages from Century 21 Real Estate LLC (“Century 21”) for misrepresentations Arthur Vekos allegedly made in connection with the sale of four properties. Century 21 has now moved for summary judgment on all counts against it. For the following reasons, Century 21’s motion is allowed.

Salinger, Kenneth W., J. Theresa Beauregard claims that negligence by her surgical anesthesiologist, Dr. Douglas Peebles, caused her to suffer permanent paraplegia. Defendant VHS Acquisition Subsidiary 9, Inc. d/b/a Metrowest Medical Center (the “Hospital”) waited until weeks before trial to seek summary judgment on the ground that it cannot be held vicariously liable for Dr. Peebles’ alleged negligence. The Court exercises its

Duffly, J. The plaintiff, EventMonitor, Inc. (EventMonitor), is a Delaware corporation, established in 2000, with headquarters in Boston. It develops and markets software for the financial industry. The defendant, Anthony Leness, was one of the early employees of the company. Leness was hired as EventMonitor’s vice-president for business affairs in June, 2001, upon his graduation fro

Moriarty, Cornelius J., J. INTRODUCTION Plaintiff, Andrea Greco, brought this action against the defendant, Harleysville Worcester Insurance Company (the “Insurer”), for breach of contract, declaratory relief, and under c. 93A. Greco alleges that the Insurer wrongfully denied her claim for coverage under an insurance policy Greco carried on her property. The Insurer asserts that the policy contains an exc

Moses, Richard T., J. The present action is before the court in connection with the First Amended Class Action Complaint filed on October 22, 2013, by the plaintiffs, Timothy P. Chambers (“Chambers”) and Leroy Johnson (“Johnson”), collectively referred to as the “plaintiffs,” against the defendants, RDI Logistics, Inc. (“RDI”) and Richard J. Deslongchamps, Jr. (“Deslongchamps”). In its amended complaint, plaintiffs claim to have

Connolly, J. STATEMENT OF THE CASE This is an action involving eight separate counts arising out of the termination of Daniel Goldstein (“Mr. Goldstein”), an at-will employee, on October 16, 2001, after his employer, PFPC, Inc., discharged him for, inter alia, sending an obscene picture by e-mail in violation of the employer’s Code of Ethics and Electronic Media Policy. The following coun

Agnes, Peter W., J. Szymas Lechoslaw (Lechoslaw) brought this action against Fleet National Bank (Fleet), Citibank, N.A. (Citibank), and Bank Handlowy w Warszawie S.A. (Citibank Poland)2 alleging negligence, breach of contract, breach of the implied covenant of good faith and fair dealing, intentional infliction of emotional distress, and unfair or deceptive acts or practices in violation of Massachu

SUPERIOR COURT STEPHEN B. CORN, M.D. v. BRIGHAM AND WOMEN'S HOSPITAL & Others[1] Docket: 1984CV00809 Dates: May 11, 2023 Present:

Henry, Bruce R., J. This subrogation matter arises out of a fire loss sustained by the plaintiff, A.C. Moore Arts & Crafts, Inc. (Moore) on or about November 10, 2002. Before the Court are various motions by the remaining defendants for summary judgment. Factual Background Facts as to which there is no genuine dispute are as follows. Other material facts are set forth below as they bec

Nickerson, Gary A., J. The plaintiff, Josephine Bevilacqua (“Bevilacqua”) filed suit against Richard F. Eisen (“Dr. Eisen”) and Thermage, Inc. (“Thermage”) (collectively “the Defendants”), seeking damages under various theories for the disclosure and publication of photographs taken during her medical treatment. This matter is before the court on the Defendants’ motions for summary judgment. The court held a hearing on January 20,

Lauriat, Peter M., J. The plaintiffs, Arnica Mutual Insurance Company (“Arnica”), Clarendon National Insurance Company (“Clarendon”), and Norfolk & Dedham Mutual Fire Insurance Company (“Norfolk”) are insurance providers for Robert and Nancy Clancy (“the Clancys”), Marina Point Trust (“Marina Point”), and Robert Kaufman (“Kaufman”), respectively. The Clancys and Kaufman are owners of condominium apartments located at 1001-200

Wexler, James H., J. INTRODUCTION Plaintiff, Pro Con, Inc. (“Pro Con”), brought this action alleging a variety of tort, warranty and contract claims against Parex, Inc. (“Parex”) and other named defendants. Pro Con specifically seeks to recover damages associated with alleged construction and product defects in connection with the construction of a hotel. Parex filed a Motion for Partial Summary Judgment

Hinkle, Margaret R., J. Plaintiff General Electric (“GE”) filed this action against the defendant joint liquidators of Electric Mutual Liability Insurance Company, Limited, formerly known as Electric Mutual Liability Insurance Company (“EMLICO”), alleging breach of contract from EMLICO’s refusal to defend and indemnify GE with respect to liability for environmental contamination at 103 sites located in 32 states and Puerto Rico.

Gershengorn, J. The defendant/cross-claim plain-tiffT.R. White Co., Inc. (“T.R. White”), has brought this present action against defendant/cross-claim defendant, Constructions Collaborative, Inc. (“CCI”), on Count III of T.R. White’s cross claim. Count III alleges that CCI failed to obtain liability insurance; thereby, breaching their subcontract. CCI contends that there was no contract requiring them to obtain liability insuran