Superior Court Memorializes Continued Use of Videoconferencing for Certain Proceedings
Litigants and litigators, particularly on the civil side of the profession, have grown accustomed to using Zoom over the past two years. Many have wondered to what extent videoconferencing will become an enduring feature of certain legal proceedings moving forward. The Superior Court recently issued a Standing Order that provides an answer to that inquiry. […]
Federal Court Declines to Enforce Settlement Due to Lack of Agreement on Confidentiality Provision
The United States District Court for the District of Massachusetts recently denied a defendant’s request to enforce a settlement on the grounds that the parties had failed to reach agreement on inclusion of a confidentiality clause. In Foss v. City of New Bedford, et al., it was undisputed that plaintiff Deborah Foss (“Foss”) and defendant Tallage […]
Commercial Landlord Could Not Evict Tenant for Repeatedly Paying Rent Late
A Superior Court judge recently rejected a commercial landlord’s effort to evict a restaurant tenant for late rental payments. In Varano v. PDJM Land Trust, LLC, Nicola Varano (“Varano”), who owns and operates a restaurant in the North End called Nico Ristorante, brought a declaratory judgment action seeking to invalidate his landlord’s attempt to evict him. […]
SJC Finds COVID-19 Virus Did Not Cause Physical Loss or Damage to Restaurants
The Massachusetts Supreme Judicial Court (“SJC”) has weighed in on an insurance coverage issue that has arisen in Superior Court cases following the COVID-19 pandemic: whether businesses who were forced to limit operations during the pandemic had suffered a “direct physical loss of or damage to” property that entitled them to insurance coverage. The SJC […]
Lack of Actual Notice of Approval of Special Permit Did Not Excuse Untimely Appeal Under G.L. c. 40A, § 17
The Massachusetts Appeals Court recently held that a city’s failure to provide notice to abutters in one of the three ways required by G.L. c. 40A, § 11 does not toll the limitations period for challenging issuance of a special permit. In Markham v. Pittsfield Cellular Telephone Company, defendant Pittsfield filed an application for a […]
Massachusetts Federal Court Declines to Enforce Liquidated Damages Provision Based on Percentage of Defendant’s Revenue
Plaintiff Secure Our City, Inc. (“SOC”), a designer and provider of security systems, contracted with ECI Systems, LLC (“ECI”) to install such systems for several of its clients. SOC subsequently brought suit against ECI, alleging, among other things, that ECI had breached the parties’ contract. In connection with its claim, SOC sought to enforce a […]
Court Declines to Dissolve Close Corporation Despite Deadlock
The Massachusetts Superior Court recently rejected a request to dissolve a closely-held corporation, despite its finding that the company was deadlocked. Schudder v. Schudder involved allegations of breach of fiduciary duty among the shareholders of Hyannis Harbor Tours, Inc. (“HHT”), a close corporation that operates ferry service between Hyannis Harbor and Martha’s Vineyard and Nantucket. Frederic […]
Contracting Parties May Not Waive Liability for Willful or Knowing Violations of Chapter 93A
The Massachusetts Supreme Judicial Court (“SJC”) recently clarified the law with respect to a commercial party’s ability to contractually exempt itself from liability under Chapter 93A. In H1 Lincoln, Inc. v. South Washington Street, LLC, et al., the Superior Court had found that defendants’ conduct toward plaintiff tenant in connection with a commercial lease violated Chapter […]
Attorney Acting as Mediator May Be Liable for Malpractice
Many mediators in the Commonwealth of Massachusetts are also attorneys. The Superior Court recently issued a decision that demonstrates that such mediators are not insulated from a legal malpractice claim if they cross the line from providing mediation services to providing legal advice. In Reid v. Kroll, et al., Plaintiff and his then-wife had mediated […]
Happy Holidays from O’Connor, Carnathan & Mack
Wishing our clients and colleagues a very happy holiday season and best wishes for a successful new year in 2022. View past Razor issues O’Connor, Carnathan and Mack LLC is a commercial litigation law firm located in Burlington, Massachusetts that helps companies and individuals resolve complex business disputes, insurance coverage disputes, and personal injury claims. […]
