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Landlord and tenant – Default judgment
Where (1) a plaintiff filed a complaint alleging a breach of a commercial lease and guaranty and (2) both defendants were defaulted, the defendants should be held jointly and severally liable in the amount of $4,792,497.43, plus reasonable counsel fees and costs of $46,811.23.
SJC weighs exemption of religious units in challenge to rent control measure
Supreme Judicial Court justices on May 6 pitched questions at attorneys on either side of a challenge to an initiative petition that would cap annual rent increases statewide at 5 percent or the Consumer Price index, whichever is lower.
Cases scheduled to be heard in May
The Supreme Judicial Court has posted its docket for May. Following is a list of the cases to be argued, with summaries of the issues presented in each case.
Landlord and tenant – Standing – ‘Managing agent’
Where a defendant tenant has challenged a Housing Court judgment granting possession of her apartment to the plaintiff, the judgment must be vacated and the summary process complaint dismissed with prejudice because the plaintiff lacked standing to bring the complaint.
Landlord and tenant – Assisted living residence – Intake fee
Where a complaint was filed challenging a “community fee” charged by a defendant assisted living residence (ALR), the defendant should have been awarded summary judgment because the fee corresponds to the defendant's provision of ALR-specific intake services to the members of the plaintiff class.
Fee charged by assisted living residence upheld by SJC
The Massachusetts Supreme Judicial Court ruled the community fee charged by Heritage at Framingham assisted living residence is valid under state law.
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.
SJC issues call for amicus briefs in posted cases
The SJC is seeking amicus briefs in several upcoming cases.
Healey launches reelection campaign
Exactly four years after she first asked voters to elect her to lead Massachusetts, Gov. Maura T. Healey officially launched her reelection campaign on Jan. 20, asking voters to keep her in the corner office for another four years.
Landlord and tenant – Security deposit
Where a commercial lease dispute culminated in a judgment for the plaintiff after a jury-waived trial in the Superior Court, the final award should be reduced by $9,000, representing the security deposit paid by the defendant and properly retained by the plaintiff.
Liquor license lawyers parse ruling upholding lease provision
Massachusetts SJC ruled a commercial landlord may enforce a lease provision barring a tenant from pledging a liquor license as loan collateral.
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
