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Employment – Wage Act – ‘Employee’ status
Where a plaintiff has alleged that the defendants violated the Wage Act by failing to pay him the amount specified in a limited liability company’s operating agreement, summary judgment should be denied because there are material disputes of fact as to whether the plaintiff was an “employee” within the meaning of the Wage Act.
Attorneys – Privilege – Common interest doctrine
Where documents have been withheld based on the attorney-client privilege as extended by the common interest doctrine, the defendants should be ordered to produce communications sent or copied to an attorney for the Howard Hughes Medical Institute, as the defendants have made no argument that HHMI or its attorney were sheltered under the common interest umbrella.
Tort – Defamation – Conditional privilege
Where a plaintiff whose defamation claim was dismissed based on the conditional privilege for workplace investigations has moved for leave to amend, the motion should be denied as futile because the plaintiff has not alleged facts that plausibly support the notion that the defendants abused the conditional privilege.
Landlord and tenant – Assignment – Statute of frauds
Where a commercial landlord has challenged the validity of a tenant’s purported lease assignment, there was no written assignment agreement as required by G.L.c. 183, §3, so the landlord is entitled to summary judgment on all of the claims that turn on the validity of the assignment.
Fraud – False Claims Act – Implied certification
Where the commonwealth has filed a False Claims Act complaint seeking to hold the defendants liable under the notion of an “implied false certification,” there are numerous material disputes of fact that preclude the entry of summary judgment.
Corporate – In pari delicto doctrine
Where a plaintiff limited liability company has brought suit against its former CEO, the defendant, for allegedly engaging in wrongdoing, the defendant’s motion to dismiss the complaint should be denied because (1) the plaintiff has introduced evidence that the decision to file the suit was properly ratified and (2) the defendant has not established the affirmative defense of in pari delicto wit[...]
Civil practice – Excusable neglect
Where a defendant commercial tenant has been awarded summary judgment, a motion by the plaintiff landlord for relief from that judgment should be denied because the motion is untimely and because the landlord has not established excusable neglect.
Jurisdiction – LLC officers
Where the officers of a limited liability company have filed a motion to dismiss for lack of personal jurisdiction, that motion should be allowed because the allegations against them reflect only sporadic contact with the commonwealth.
Corporate – Conversion – Stock
Where a plaintiff has alleged conversion of more than 2 million shares of his vested stock, the defendants’ motion to dismiss on statute of limitations grounds should be denied because issues exist regarding when the alleged conversion occurred and whether the defendants took steps to conceal it.
Banks and banking – Limitations – Ponzi scheme
Where a plaintiff has alleged that the defendant bank improperly enabled fraudulent transfers of securities owned by the plaintiff’s customers, the bank’s motion to dismiss should be allowed because the plaintiff’s claims are time-barred.
Insurance – Interpleader
Where (1) insurance proceeds in the amount of $5 million have been tendered in an interpleader action following a shuttle bus accident and (2) 20 of the injured claimants have requested an order for the release of the $5 million according to an allocation formula agreed to by them, that request should be denied as premature because the insureds have not yet had their opportunity to challenge the d[...]
Civil practice – Costs
Where a plaintiff has moved to amend a judgment to tax costs against the defendant, that motion should be allowed in the amount of $10,907.35.
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
