Free Newsletter
Contract – Ambiguity – Solar panel canopy
Where plaintiffs have brought suit against a defendant for breaching its contractual obligations to construct a canopy of solar panels that sufficiently prevented rain, snow and ice from falling onto their parking lot below, the defendant’s motion to dismiss should be denied because the phrase “reasonably semi-impermeable” is ambiguous.
Corporate – Standing – LLC
Where a plaintiff who formed a Delaware limited liability company has brought suit to recover allegedly misappropriated funds, the plaintiff lacks standing to assert direct claims on behalf of the LLC in his individual capacity.
Employment – Disability – Anxiety
Where a plaintiff teacher has alleged workplace discrimination and retaliation, the defendants’ motion for summary judgment should be allowed because (1) the plaintiff did not disclose her anxiety to the defendants until well after the challenged conduct, (2) the evidence does not show that the plaintiff’s coworkers and supervisors regarded her as disabled and (3) no reasonable jury could conc[...]
Employment – Defamation – CEO
Where a plaintiff has alleged that his former employer’s chief executive officer defamed him, a motion to dismiss that claim should be denied because the plaintiff has plausibly alleged that he lost his job as a result of the CEO’s false representations that the plaintiff breached his contractual obligations and misused intellectual property.
Employment – Retaliation – FLSA
Where a plaintiff has alleged that he was retaliated against after making several complaints to his superiors about his entitlement to overtime wages, the defendant’s motion for summary judgment should be denied with respect to the plaintiff’s retaliation claim under the Fair Labor Standards Act, as a jury could reasonably find that the plaintiff engaged in protected activity.
Employment – Single integrated enterprise – Joint employer
Where one of two defendants in a discrimination suit has filed a motion to dismiss arguing that it was not the plaintiff’s employer, that motion should be denied because the plaintiff has plausibly alleged that the two defendants operated as a single integrated enterprise.
Alleged seller of geolocation data can be sued in Massachusetts
A federal judge ruled a Texas digital marketer must face a Massachusetts consumer class action over claims it sold user geolocation data without consent.
Jurisdiction – Apps – Purposeful availment
Where two plaintiffs have brought a putative class action alleging that the defendant used its software, embedded on third-party mobile applications that they had downloaded, to improperly collect and sell their geolocation data without their informed consent, the defendant’s motion to dismiss for lack of personal jurisdiction should be denied because the plaintiffs have adequately demonstrated [...]
Negligence – Duty to warn – Travel website
Where a plaintiff who booked a catamaran boat tour through the defendants’ website has brought a negligence complaint against the defendants after she was injured during the tour, the defendants’ motion to dismiss should be allowed because the plaintiff has not established that the defendants had a duty to warn her about conditions caused by the tour operator, a third party, nor are the plaint[...]
Employment – Wage Act – Incentive payments
Where a plaintiff has alleged that the her former employer violated the Massachusetts Wage Act by not paying her certain commissions, in the form of incentive payments, that allegedly were due to her after her resignation, the employer is entitled to summary judgment on her Wage Act claim because the plaintiff’s resignation ensured that the unearned incentives have not become due and payable.
Civil rights – Wrongful conviction – Withheld evidence
Where a plaintiff whose conviction was overturned based on the discovery of exculpatory evidence that had been withheld from his defense has brought suit against the defendant city of Boston, the city’s motion to dismiss should be allowed in part and denied in part.
Contract – Registration – Broker-dealer
Where a plaintiff has filed a complaint alleging that the defendant refused to pay the plaintiff a fee in accordance with the terms of the parties’ contract, the plaintiff’s claims are not subject to dismissal despite the defendant’s contention that the parties’ agreement is unenforceable under Massachusetts law due to the plaintiff’s failure to register as a broker-dealer.
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
