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Condo Owner’s Claims Seeking to Hold Developer Liable Survive Motion to Dismiss

USA - November 16 2020 In Hershey v. Mount Vernon Partners, LLC, Judge Green faced dueling motions to dismiss in a dispute arising from the purchase of an “ultra-luxury”…

Eric P. Magnuson

John J. Donovan Loses Again: Court Rules that Award in Derivative Action be Distributed Based on Shareholders’ Investment to Avoid Windfall to Disloyal Fiduciary

USA - August 28 2020 In Brining v. Donovan, the latest blow to former MIT business professor, John J. Donovan, Judge Davis held that shareholders in Donovan’s failed…

Maya H. Ginga

Judge Salinger Thaws Defendants’ Attempt to 'Chill' Malicious Prosecution Claims under Massachusetts’ Anti-SLAPP Statute

USA - August 6 2020 In Crotty v. Continuum Energy Technologies, Judge Salinger granted Thomas Crotty’s special motion to dismiss counterclaims for tortious interference…

Laura E. Martin

‘Notice Pleading’ Passes the Smell Test in Noxious Odor Matter

USA - July 15 2020 Emphasizing the concept of “notice pleading” under Mass. R. Civ. P. 8, Judge Salinger recently denied a gelatin factory’s motion to dismiss. In…

Haley S. Grissom

Summary Enforcement of Settlement Agreement Not Appropriate Due to Ambiguity

USA - June 23 2020 In Flessas v. Rouisse, Judge Davis denied “dueling motions” seeking enforcement of the parties’ settlement agreement. The settlement agreement arose…

Ritika Bhakhri