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Landlord and tenant – Claim preclusion – MCAD dismissal
Where a Housing Court judge dismissed a tenant’s complaint on the basis of claim preclusion, that was error, as the tenant’s action is not precluded merely because the Massachusetts Commission Against Discrimination previously dismissed her complaint alleging the same underlying facts.
Mortgages – Claim preclusion
Where a Housing Court judge concluded that claim preclusion applied and ruled in favor of a plaintiff bank on the issue of ownership of real property, that was error because there was no final judgment on the merits in a prior Superior Court case between the defendant and the bank’s predecessor in interest.
Zoning – Claim preclusion
Where plaintiffs have brought an action seeking to stop construction of a 10-story building with 94 units of affordable housing, the defendants are entitled to summary judgment based on claim preclusion.
Trade secret action subject to res judicata
A Superior Court judge has ruled that a company’s state court trade secret misappropriation claim was precluded by a declaratory judgment — obtained by the defendants in a subsequent parallel action in another jurisdiction — finding that none of its allegedly misappropriated information constituted trade secrets.
Employment – Misclassification – Claim preclusion
Where six plaintiffs have alleged that the defendants violated Massachusetts law by misclassifying employees as independent contractors and by failing to make minimum wage and overtime payments, the complaint must […]
Real property – Claim preclusion
Where the defendants in a suit over easement access rights have moved for judgment on the pleadings, the motion should be allowed because the plaintiffs’ claims are identical to ones […]
Landlord and tenant – Claim preclusion
Where a defendant claims that a judgment for the plaintiff tenant was improper on res judicata grounds, that argument is unconvincing because the first proceeding involving the parties dealt only […]
Civil practice – Claim preclusion – Summary process
Where the plaintiff former owner of a condominium unit brought suit against the defendant that purchased the unit at a foreclosure sale, the plaintiff’s appeal from a judgment dismissing his […]
Employment – ADA – Claim preclusion
Where the plaintiff claims for a second time that he was wrongfully terminated in violation of Title I of the Americans with Disabilities Act after he requested a deaf interpreter […]
Mortgages – Claim preclusion
Where a plaintiff has brought suit against a defendant law firm over a notice of foreclosure letter she received, her claims are barred by the doctrine of claim preclusion given […]
Mortgages – Claim preclusion – Wrongful foreclosure
Where a plaintiff mortgage lender has initiated a post-foreclosure summary process action, the plaintiff is entitled to summary judgment based on the outcome of a prior Superior Court case between the same parties.
Mortgages – Foreclosure – Claim preclusion
Where a judge dismissed the defendant's counterclaims on the ground that they were precluded by the judgments in an earlier litigation in Norfolk Superior Court, the judge did not err in dismissing the counterclaims, nor was it an abuse of discretion when the judge denied the defendant's rule 60 motion.
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
