Economic Loss Doctrine Did Not Bar Negligence Claims Arising from Ransomware Attack
In 2022, Plaintiff Calvary Design Team, Inc. (“Calvary”), a developer of custom automation solutions and robotics platforms, retained Defendant Winslow Technology Group, LLC (“Winslow”), an IT company, to assist Calvary in overhauling its data center. Defendant Wasabi Technologies, LLC (“Wasabi”) sold data storage and protection products that Calvary agreed to use in connection with Winslow’s […]
Liability Under Chapter 93A Is Not Dependent on Success of Fraud Claim
In Agnitti v. Philip Morris, the plaintiff, Peter Agnitti (“Agnitti”), appealed a Superior Court jury verdict entered in favor of the defendant, Philip Morris USA Inc. (“Philip Morris”). A Chapter 93A claim had been tried before the jury at the parties’ request, and the Superior Court judge had instructed the jury that, to find for […]
Intra-Enterprise Exception to Chapter 93A Did Not Apply to Case Alleging Defendant Secretly Competed with Former Employer During and After Employment
In CMTA, Inc. v. Dussault, et al., CMTA, Inc. (“CMTA”), an engineering company, brought suit against its former employee, Joseph Dussault (“Dussault”), and others. Dussault worked for CMTA between October 2020 and January 2025 as a partner and co-manager of CMTA’s Framingham, MA office. Among other claims, CMTA alleged that Dussault violated Chapter 93A when […]
Settlement Agreements May Be Reformed When Counsel Exploits a Known Drafting Error
The Massachusetts Superior Court recently held that a settlement agreement may be reformed to include mutual releases where the final written agreement mistakenly included only a one-way release and the opposing party recognized, but did not disclose, the error. In Cahoon Capital Strategic Income Fund, LLC v. Ross, the parties negotiated a settlement to resolve […]
Retention Bonuses Are Not “Wages” Under the Wage Act
The Supreme Judicial Court (“SJC”) recently concluded that retention bonuses are not “wages” for purposes of the Massachusetts Wage Act. In Nunez v. Syncsort, the plaintiff had entered into an agreement with his employer (Syncsort Incorporated), whereby he would receive two retention bonus payments if he remained with Syncsort until certain fixed dates and if […]
Court Finds Land Repurchase Agreement Too Vague to Enforce
In Haven Realty Trust v. Corrigan, the Massachusetts Superior Court issued two complementary rulings on cross-motions for summary judgment in a complex property and construction dispute between real estate trust Haven Realty Trust (“HRT”), its trustees Justin O’Connell and Danielle O’Connell (the “O’Connells”), and real estate developers Patrick Corrigan and Karina Corrigan (the “Corrigans”), along […]
Provision of Privileged Communications to Family Members Prior to Litigation Did Not Result in Subject Matter Waiver of Privilege
In Allen v. Christensen, Kirk Allen (“Allen”) brought suit against his former employer and others in December 2022. Two years before Allen brought suit, he forwarded nine attorney-client privileged e-mails to his family members. During the course of the litigation, the Suffolk Superior Court (“Court”) found that Allen had spoliated evidence when he, among other […]
Superior Court Decision Serves as Reminder of Pitfalls of Using Generative AI
In Dastou v. Holmes, the Massachusetts Superior Court (Goldenberg, J.) recently sanctioned an attorney for misuse of generative artificial intelligence (“AI”) in court filings. Upon review of motions in limine and proposed jury instructions filed by defendant’s counsel, the court identified issues including: citations to cases that do not exist; a quotation attributed to a […]
State and Federal Courts Decline to Stay Injunctions Pending Appeal
Recent decisions from both the First Circuit and the Massachusetts Superior Court (BLS) have refused requests to stay an order of injunctive relief pending appeal. In the BLS (Baldwin v. Connor), Judge Salinger denied the defendants’ motion asking the court to stay an order for declaratory and injunctive relief pending appeal. He rejected defendants’ argument […]
Tort Statute of Repose Did Not Bar Indemnification Claim
Defendant Clough, Harbour & Associates (“CHA”) designed a new athletic field for the plaintiff, the Trustees of Boston University (“BU”). As part of that agreement, the parties negotiated an express indemnification provision in which CHA promised to indemnify BU for expenses incurred as a result of negligent design. BU eventually did incur expenses to fix […]
