Rulings and Decisions

Esalon, Inc. v. Hoffman, Barnstable Superior Court, C.A. No.: 10-00766 (Decision 7/12/2011) (Nickerson, J.)

Judgment granted to Defendant, a former employee, at will of Plaintiff corporation that operated a luxury salon and spa. Defendant’s post-employment conduct in connection with opening a competing salon business did not constitute theft of trade secrets; did not breach any contract; did not breach a duty of good faith and fair dealing or loyalty; […]

Sherman et al v. Shub, et al, Suffolk Superior Court, C.A. No.: 2007-2547-BLS1 (Decision 6/15/2011) (Lauriat, J.)

Judgment obtained for Defendant attorney in an action against attorneys and others alleging a failure to properly draft insurance trusts and related documents that Plaintiffs alleged would result in increased estate tax and gift tax liability in the future. Defendants contended that estate and gift taxes are capable of calculation only at the time of […]

Romagnole v. Keefe, Barnstable Superior Court, C.A. No.: 2010-00031 (Decision 6/13/2011)(Rufo, J.)

Judgment granted to owner of rental premises on claims of alleged negligent failure to manage rental premises in a safe manner and for alleged breach of the warranty of habitability flowing from an attack on tenant by intruders at the rental premises. Romagnole v. Keefe, Barnstable Superior Court, C.A. No.: 2010-00031 (Decision 6/13/2011)(Rufo, J.)

Arra v. Town of Chatham et al, Barnstable Superior Court, 2007-00418. (Decision 1/6/2011)(Quinlan, J.)

Judgment obtained on behalf of Third Party Defendant construction contractor who was alleged to be responsible for negligent construction of some portion of the Chatham Fish Pier observation deck and stairs. Arra v. Town of Chatham et al, Barnstable Superior Court, 2007-00418. (Decision 1/6/2011)(Quinlan, J.)

Hayden Building Movers, Inc. v. American International Group, et al., Barnstable Superior Court, C.A. No.: 2008-00828 (Decision October 28, 2010) (Quinlan, J.)

Judgment obtained for an insured building moving company in this declaratory judgment action brought against insured’s commercial general liability carrier. The company’s insurers refused to defend it in a lawsuit each contending that the other insurer was the responsible carrier. The court interpreted the mobile equipment exclusion of the commercial auto policy, as well as […]

Dennis Chiropractic Center v. Arbella Mutual Insurance Company, Orleans District Court, C.A.No: 0926-CR-0538 (Decision May 25, 2010) (Merrick, J.)

Defendant-Insurer’s motion for summary judgment allowed on Plaintiff’s claim under M.G.L. c.93A §11 alleging unfair and deceptive insurance practices where Plaintiff commenced its lawsuit outside the four year statute of limitations under M.G.L.c. 260 §5A. The fact that sent multiple demand letters over a period of time did not operate to extend the limitations period. […]