Summary Judgment – David Goff et al v. Jeoung F. Kim et al

Patricia Noyes-Corrigan secured Summary Judgment on behalf of the Defendant in a negligence action based upon the principles of res judicata and collateral estoppel. Plaintiff in that case had alleged the Defendant had negligently struck and injured him causing serious traumatic brain injury. In a separate Declaratory Judgment action in the Plymouth Superior Court, brought […]

12(b)(6) Motion to Dismiss

Patricia Noyes-Corrigan obtained dismissal of allegations of trade infringement, violation of the Lanham Act and False Light Advertising on behalf of the Defendant in a matter in which Plaintiff had alleged a cause of action sounding in defamation and commercial disparagement based upon a negative review of services published on the internet. Defendant initially succeeded […]

Hall v. Bridier, et al

Appeals Court dismissed the appeal filed by Hall, as agent for Seagate, Inc.  Appeals Court Decision November 22, 2016

Ries, et al v. Capone Iron Corporation, et al v. D&S Commercial Masonry

This matter, which arose from a large construction project, involved a Plaintiff inspector’s claims against the general contractor, the project manager and the steel subcontractor. The steel subcontractor, as Defendant/Third-Party Plaintiff, asserted claims against Third-Party Defendant D&S Masonry, the masonry subcontractor. The Court allowed D&S Masonry’s motion for summary judgment, agreeing that since D&S Masonry, […]

Brinkman v. Keating, et al

Court granted Defendants’ Motion for Summary Judgment.  Because the record showed no more than joint ownership of a communal supply of alcohol, the Plaintiff had no reasonable expectation of establishing social host liability at trial and Defendants are entitled to judgment as matter of law. Paul Brinkman v. Paul Keating & another, Civil Action No. 2012-1117B […]

Pagan v. Abdala & Others

Court granted Defendant The Lazy Frog’s partial summary judgment.  There is no evidence Defendant The Lazy Frog exhibited the type of conduct necessary to survive summary judgment on a claim for gross negligence.  There is also no evidence that The Lazy Frog had any role in the design, construction or maintenance of the course. Domingo […]

Parsons, et al v. Town of Tewksbury, et al.

Parsons, et al v. Town of Tewksbury, et al., Civil Action No. 2009-1595 (Middlesex Superior Court) (Ullman, J)

Diaz v. Jepson, et al

Court granted Defendant’s Motion for Summary Judgment.  Mere fact of vehicle’s collision with a deer is not evidence of negligence. In the absence of any evidence of negligent operation by the drivers, Summary Judgment must enter. Diaz v. Jepson, et. al., C.A. No. 2011-1248 (Plymouth Superior Court) (Moriarty, J.)

Sheehan v. Balanced Health & Fitness, Inc. et al

Court denied Plaintiff’s motion to compel Defendants’ tax returns based on a qualified privilege against compelled production of federal tax returns because Plaintiff had failed to demonstrate a substantial need for those documents which is necessary to overcome the qualified privilege.

David Pierce v. Cotuit Fire District, Board of Fire Commissioners of the Cotuit Fire District, et al

Plaintiff firefighter’s complaint asserting claims under 42 U.S.C. §1983 for political discrimination and unlawful retaliation under the First Amendment, as well as claims for tortious interference with contractual relations and alleged violations of the Massachusetts Whistleblower Act, M.G.L.c. 149 §185 were all disposed of by the court’s entry of summary judgment in favor of Defendants. […]