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Commercial – Chapter 93A – Detrimental reliance
Where defendants have moved for summary judgment on a plaintiff’s claim under G.L.c. 93A, that claim is not barred by the economic loss doctrine, but the defendants are nonetheless entitled to summary judgment because the plaintiff has no evidence that it relied to its detriment on alleged efforts to string it along.
Attorneys – AI – Pro hac vice admission
Where an out-of-state attorney’s request for leave to appear pro hac vice was denied because the attorney had recently been sanctioned in Wyoming for signing his name to and participating in the filing of motions in limine that contained eight fake, AI-hallucinated case citations, a motion to vacate should be denied because the attorney’s missteps and his explanations for how they happened are[...]
Judge denies ‘do-over’ to attorney rejected for pro hac vice admission
A Massachusetts judge again denied attorney T. Michael Morgan's pro hac vice request in Harvard morgue litigation, citing carelessness.
Herald defeats defamation suit by former Boston Water and Sewer official
A Superior Court judge dismissed a former BWSC executive's defamation lawsuit against the Boston Herald, citing the fair report privilege and lack of actual malice.
Another judge denies pro hac vice bid over fake case citations
A Superior Court judge denied a New York attorney's pro hac vice admission after finding the attorney had used fictional case citations and legal misrepresentations.
Contract – Covenant not to sue
Where a defendant has filed a motion to dismiss, that motion should be allowed based on a covenant not to sue.
Attorneys – Fiduciary duty – Visa revocation
Where a plaintiff has alleged that a defendant law firm and one its codefendant partners convinced USCIS to revoke the plaintiff’s visa and then helped provide allegedly false information to a U.S. consulate, the defendants’ motion for partial summary judgment should be allowed because the record establishes that the plaintiff cannot prove that either defendant owed him any fiduciary duty, tha[...]
Harvard morgue case lawyer denied pro hac vice status over AI cites
A Superior Court judge denied a Morgan & Morgan attorney pro hac vice admission after AI-generated fake citations led to sanctions in Wyoming.
Attorneys – AI – Pro hac vice appearance
Where an out-of-state attorney has filed a motion on his own behalf seeking permission to appear for the plaintiffs, that motion should be denied because (1) it was filed in violation of G.L.c. 221, §46A, and Supreme Judicial Court Rule 3:15 and (2) the attorney has been sanctioned in federal court in Wyoming for his role in submitting hallucinated case citations.
Contract – Asset purchase agreement
Where a plaintiff has brought suit under an asset purchase agreement, the defendant sellers are entitled to summary judgment because the plaintiff cannot prove any part of its misrepresentation claims and has not been able to muster any evidence that the defendants breached their duty of loyalty.
Commercial – Joint venture – Profits
Where a plaintiff has alleged that her late husband entered into a joint venture or partnership and that the defendants failed to pay him his full share of the profits, a motion by the defendants for summary judgment should be denied in part, as a reasonable jury could find that a joint venture or partnership was formed.
Corporate – LLC – Tax liabilities
Where a plaintiff, having sold more than half of his interests in a limited liability company back to the company at its request, brought suit seeking reimbursement for his tax liabilities, a motion to dismiss the complaint should be denied because the plaintiff plausibly suggests that he is entitled to relief against the defendants under a contract theory and a promissory estoppel theory.
