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Co. hit by ransomware attack can sue IT firms for negligence
A Massachusetts Superior Court judge ruled the economic loss doctrine does not bar negligence claims after a ransomware attack wiped a company’s data, treating data loss as property damage.
Landlord and tenant – Limitations
Where a complaint has been filed by a commercial tenant, a motion to dismiss that complaint should be denied despite the defendants’ contention that all of the tenant’s claims are foreclosed by a lease provision imposing a one-year limitations period.
Landlord and tenant – Corporate veil
Where a plaintiff landlord has moved for leave to amend its complaint against five corporations, each of which is a parent or affiliate of the tenant, the motion should be allowed because the landlord’s allegations, accepted as true, state a plausible claim to pierce the tenant’s corporate veil.
Insurance – Excess coverage – Out-of-state law
Where a coverage dispute has arisen between an excess insurer and a policyholder, summary judgment should be awarded to the policyholder under applicable Washington law.
Negligence – Ransomware attack – Economic loss doctrine
Where negligence claims have been brought by a plaintiff that suffered a ransomware attack that resulted in the deletion of its stored electronic data until it paid the requested ransom, a motion to dismiss those claims should be denied because the plaintiff’s complete loss of electronic data is sufficiently tangible to qualify as property damage so as to avoid the economic loss doctrine.
Licenses and permits – Wagering – Preemption
Where the commonwealth has alleged the operation of a sports betting platform in Massachusetts without a license, the commonwealth’s request for a preliminary injunction should be allowed despite the defendant’s argument that the Massachusetts sports wagering law (G.L.c. 23N) is preempted by federal law.
Employment – Trade secrets
Where a plaintiff has alleged misappropriation of trade secrets and confidential information by two defendants who used to work for the plaintiff, the complaint should not be dismissed despite the defendants’ argument that the plaintiff has failed to identify with precision what information or knowledge the defendants took and why it qualifies for protection as trade secrets or confidential busi[...]
Judge finds attorney’s silence justifies redo of settlement
A Massachusetts judge orders reformation of a settlement agreement after finding an attorney knew of a drafting error and failed to disclose it.
Contract – Reformation – Settlement
Where a counterclaim has been brought seeking reformation of a settlement agreement due to mutual mistake, the agreement should be reformed because the absence of mutual releases plainly was a mistake.
Judge to enjoin Kalshi’s sports-prediction market in Massachusetts
A Massachusetts judge ordered Kalshi to stop offering sports betting to state residents, siding with the attorney general over unlicensed wagering.
Real property – Right of refusal – ‘Exit taxes’
Where a complaint has been filed seeking a declaratory judgment under a right of refusal and purchase option agreement, a judgment should enter declaring that a binding and enforceable contract exists between the parties for the sale of the subject property under the ROR.
Judge: job applicants can’t sue over lie detector violation
A Suffolk Superior Court judge ruled job applicants lacked standing in class actions alleging major retailers violated Massachusetts’ lie detector notice requirement.
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
