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Massachusetts Fiduciary Duty Law
Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

In this case we consider whether an actionable conflict of interest arises under Mass. R. Prof. C. 1.7, as
appearing in 471 Mass. 1335 (2015), when attorneys in different offices of the same law firm simultaneously represent business competitors in prosecuting patents on similar inventions, without informing them or obtaining their consent to the simultaneous representation. The plaintiff, C... More...
   $0 (12-23-2015 - MA)

Brady v. Citizens Union Savings Bank

Eggers's father, Wilson O. Smith, established
the trust in 1987. Among the beneficiaries were Smith's wife,
Betty Georgas (who was not Eggers's mother), Eggers, and
Eggers's children. In December, 2006, Eggers and one of her
daughters initiated a lawsuit in the Probate and Family Court
against the trustees, Thomas T. Brady and Edwin J. Haznar,
alleging breach of fid... More...
   $0 (09-30-2015 - MA)

Michele C. Tetreault v. Reliance Standard Life Insurance Company

The Employee Retirement Income
Security Act of 1974 (ERISA) governs employee benefit plans. 29
U.S.C. § 1001 et seq. Among other things, the statute permits
beneficiaries to go to court to challenge their plan's decision to
deny or cut off their benefits. Id. § 1132(a)(1)(B). Before
filing suit, however, beneficiaries must first use -- or, as it is
often put, "exhaust" --... More...
   $0 (10-06-2014 - MA)

Bryan Wyman v. Ayer Properties, LLC

On December 8, 2005, Brian Wyman, Frank Thoms, and Vincent Cascio, as trustees of the Market Gallery Condominium Trust (trustees), filed a civil action against Ayer Properties, LLC (Ayer), seeking damages stemming from the negligent construction of elements of a condominium building by Ayer. The trustees alleged that Ayer -- which had purchased and converted the building in question into condomini... More...   $0 (07-10-2014 - MA)

Richard Feingold v. John Hancock Life Insurance Company (USA)

Richard Feingold sued John Hancock Life Insurance Company and John Hancock Life & Health Insurance Company (collectively, "Hancock") in a putative class action for damages said to arise from Hancock's adherence to contractual terms requiring that Hancock be given notice of the death of its insureds before death benefits are paid out to beneficiaries. Specifically, Hancock is said to have an obliga... More...   $0 (05-27-2014 - MA)

HSBC Realty Credit Corporation (USA) v. J.Brian O'Neill

Today's case — a diversity suit governed, the parties agree, by Massachusetts substantive law — arises from the efforts of plaintiff HSBC Realty Credit Corporation (USA) to recover $8.1 million from defendant J. Brian O'Neill under a guaranty. A district judge struck O'Neill's defenses, dismissed his counterclaims, denied him leave to replead, and granted HSBC judgment on the pleadings. O'Neil... More...   $0 (02-07-2014 - MA)

Robert Smith v. Dorchester Real Estate, Inc.

This case arises out of a fraudulent real estate mortgage scheme that involved inducing a schizophrenic trash collector into acting as a straw buyer for two overvalued residential properties in Massachusetts. That person, Robert Smith, sued various entities and individuals involved in the transactions, including the mortgage lenders, mortgage brokers, real estate brokers, and closing agents. A ju... More...   $0 (10-16-2013 - MA)

Joseph Brown v. United Airlines, Inc.

These appeals pose a question of first impression: Can the plaintiffs, skycaps affiliated with two major airlines, maintain common-law actions for unjust enrichment and tortious interference based on the airlines' imposition and retention of baggage-handling fees for curbside service? Concluding, as we do, that the plaintiffs' actions intrude into a no-fly zone demarcated by the preemption provisi... More...   $0 (07-09-2013 - MA)

RTR Technologies, Inc. . v. Carlton Helming

These appeals call to mind that the law normally ministers to the vigilant, not to those who sleep upon perceptible rights. The tale follows.

These appeals trace their genesis to a suit brought by a Massachusetts corporation and its principals, citizens of Massachusetts, against their quondam accountant and his firm. Their complaint alleged that the defendants negligently advised ... More...
   $0 (02-01-2013 - MA)

John Halebian v. Elliot J. Berv

The United States Court of Appeals for the Second Circuit (Second Circuit) has certified to us, pursuant to S.J.C. Rule 1:03, as amended, 382 Mass. 700 (1981), the following question of State law:

"Under Massachusetts law, can the business judgment rule, established under Mass. Gen. Laws ch. 156D, § 7.44, be applied to a derivative complaint filed timely under section 7.42 but prior to a c... More...
   $0 (08-23-2010 - MA)

Robert L. Fronk v. John P. Fowler

This is a consolidated appeal from the separate orders of a single justice of the Appeals Court and of a full panel of the Appeals Court concerning the award of attorney's fees and litigation costs to the defendants. After a jury-waived trial, a Superior Court judge granted the defendants' motion for fees and costs under G.L. c. 231, § 6F, finding that "substantially all, if not all, of the plain... More...   $0 (03-25-2010 - MA)

Massachusetts Eye and Ear Infirmary v. QLT Phototherapeutics, Inc.

These appeals require us to grapple with the metes and bounds of Massachusetts unjust enrichment and restitution law. Like many such cases, the present case involves one party's conferral of a valuable benefit during ongoing contract negotiations, followed by an irreparable breach in the bargaining process. What makes this case unusual is that its subject matter -- the development of a blockbuster... More...   $0 (01-16-2009 - MA)

Roy Mogel, et al. v. Unum Life Insurance Co. of America

This is an appeal from a judgment of the district court granting a motion to dismiss plaintiffs’ action against UNUM Life Insurance Company of America (“UNUM”). Plaintiffs Roy Mogel, Todd D. Lindsay and Joseph R. Thorley, who are beneficiaries under employee welfare benefit plans, brought this action on behalf of themselves and a class of beneficiaries. They allege breaches of fiduciary duti... More...   $0 (11-06-2008 - MA)

Giovanna Pasquale & others vs. Alfonso Casale & others.

In 1996, Giovanna Pasquale and Telcom SpA (Telcom Italy) became the two shareholders of Telcom USA, Inc. (Telcom USA), and Daniele La Posta, Pasquale's husband, became its president. A few months after La Posta was terminated in December, 2001, as president of Telcom USA by Telcom Italy, La Posta, Pasquale, and their separate company Pottery Collaborative, Inc. (PC), brought this action alleging, ... More...   $0 (09-30-2008 - MA)

Rosalind Herman, etc. v. Rudy K. Meiselman, etc., et al.

Appellants Rosalind Herman, Gregg Caplitz and Financial Resources Network, Inc. ("FRNI") filed suit in Massachusetts state court against appellees Rudy K. Meiselman and various members of his family. The suit stemmed from Meiselman's employment with FRNI and his participation in a profit-sharing plan under the Employee Retirement Income Security Act of 1974 ("ERISA"). Meiselman removed the matter ... More...   $0 (09-10-2008 - MA)

Russell S. Knapp & others v. Neptune Towers Associates & others

In September, 2003, the plaintiffs, class A limited partners of Neptune Towers Associates (Neptune), filed an action in the Superior Court alleging four counts of breach of fiduciary duty against Neptune's general partners (general partners) and its attorney, William Bailey. The defendants answered and filed a counterclaim in January, 2005, alleging abuse of process, civil conspiracy, and defamati... More...   $0 (09-02-2008 - MA)

Keri Evans, et al. John F. Akers, et al.

This case requires us to decide whether former employees who have received lump-sum distributions of the entire balance in their employer's defined contribution plan may sue on behalf of the plan to recover for alleged fiduciary breaches that diminished the value of their accounts. The question turns on whether they are "participants" within the relevant statutory definition in the Employee Retire... More...   $0 (07-22-2008 - MA)

John W. Livick v. The Gillette Company, et al.

John Livick appeals a grant of summary judgment to his former employer, the Gillette Company, and the Gillette Company Retirement Plan (collectively "Gillette") in a dispute over the amount of his pension benefits under Gillette's employee benefit plan ("Plan"). Livick sued Gillette under the civil enforcement provisions of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. 1001-1... More...   $0 (04-22-2008 - MA)

William J. Pasquina v. Maurie F. Cunningham

This bankruptcy case requires us to decide whether the post-petition sale of the debtor's home, for which he had obtained a homestead exemption under the law of Massachusetts protecting it from creditors, causes the proceeds of the sale to lose their exempt status under the Bankruptcy Code and become subject to pre-petition, nondischargeable debt. We conclude that the proceeds from the sale of the... More...   $0 (01-22-2008 - MA)

Eben Alexander, III, M.D. v. Brigham and Women's Physicians Organization, Inc., et al.

This appeal implicates the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1001-1461. It presents two issues of first impression concerning the scope of ERISA's exemption for so-called top-hat deferred compensation plans. See id. 1051(2). After careful consideration, we conclude - as did the district court - that the plans at issue are valid top-hat plans. In the course... More...   $0 (02-01-2008 - MA)

Stefano Picciotto, et al. v. Continental Casualty Company, et al.

This case requires us to consider the interrelationship of joinder and supplemental jurisdiction in a diversity case. The Picciotto family and their company, Foreign Car Center, Inc., ("the Picciottos"), appeal the dismissal of their complaint for failure to join an indispensable party. The district court found that Dana Casher, a citizen of Massachusetts, is a necessary and indispensable party... More...   $0 (01-12-2008 - MA)

Shirley Bachini v. Daniel Santanello and A.G. Edwards

Shirley Bachini, age 44, sued Daniel Santanello, age 49, and A.G. Edwards on breach of fiduciary duty, fruad and negligent misrepresentation theories cliaming that Defendant invested money given to him in high-risk technology stocks against her wishes and losing $52,000 in about two years. The money, awarded in 2000 to Bachini's 4-year-old son for a medical injury, was needed for his care. Pla... More...   $1500 (06-28-2007 - MA)


This appeal from the denial of a preliminary injunction stems from an ill-fated business arrangement between plaintiff-appellant Direct Merchants S.A., Inc. ("DMSA") and defendant-appellee Lillian Santiago Bauz ("Santiago") to publish a bilingual newspaper in Western Massachusetts. Certain of the facts are contested but what follows is the basic outline of events.

Santiago (thro... More...   $0 (09-23-2005 - MA)

Ronald R. Edes, et al. v. Verizon Communciations, Inc., et al.

Plaintiffs-appellants Ronald R. Edes, Kevin Lyons, and John Parsons appeal the dismissal of their claims against Defendants-appellees Verizon Communications, Inc., et al., under the Employee Retirement Income Security Act of 1974, 29 U.S.C 1001-1461, as amended ("ERISA"). Plaintiffs allege that Defendants violated ERISA by relegating them to the payrolls of third-party payroll agencies, there... More...   $0 (08-05-2005 - MA)

Pacific Insurance Company, Ltd. v. Eaton Vance Management

These cross-appeals arise out of an indemnification dispute between an employer and its insurer. The principal issue is whether the employer must be indemnified for certain belated contributions it made to the profit-sharing accounts of various subsidiary employees. Upon determining that these payments (and certain other amounts) were covered by the relevant policy, the district court granted t... More...   $0 (06-02-2004 - MA)

In Re: New England Life Insurance Company Sales Practices Litigation

S-G Metals Industries, Inc. ("S-G") appeals from the dismissal of its seven-count complaint against New England Life Insurance Company ("New England"). S-G alleges that New England engaged in a fraudulent scheme involving so-called "vanishing premiums" in the sale of life insurance policies, and asserts claims for violation of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 ... More...   $0 (10-06-2003 - MA)

Brenda Loguidice v. Metropolitan Life Insurance Company

Plaintiff Brenda Loguidice appeals the district court's entry of summary judgment in favor of defendants Metropolitan Life Insurance Company ("MetLife") and Steven Anastasia on the ground that her claims against them were brought after the expiration of the applicable Massachusetts statute of limitations. The principal issue is whether Loguidice has adduced evidence from which a fact finder cou... More...   $0 (07-15-2003 - MA)

KPS & Associates v. Designs By FMC, Inc.

This acrimonious dispute between defendant-appellant Designs by FMC, Inc. ("Designs") and plaintiff-appellee KPS & Associates, Inc. ("KPS") is a diversity breach of contract action that comes to us following the entry of a default judgment against Designs and a damages award of $367,154 plus prejudgment interest. Designs challenges the entry of default and the subsequent determination of damages, ... More...   $0 (01-28-2003 - MA)

Heidi Crossman v. Raytheon Long Term Disability Plan

Plaintiff-appellant Heidi Crossman appeals from the district court's dismissal of her complaint for failure to prosecute. The district court dismissed Crossman's claim because of William P. Boland's, her counsel's, failure to appear for the initial scheduling conference. Because we conclude that the district court abused its discretion in meting out this harsh sanction, we reverse and remand the c... More...   $0 (01-02-2003 - MA)

Constance B. Rutanen, et al. v. Carl E. Baylis

In 1969, Antonia Quevillon, the settlor of the Antonia Quevillon Trust, consulted Baylis, an attorney, regarding the disposition of the apartment buildings she owned and operated. At that time, she was seventy years old and in poor health. She had no prior relationship with Baylis. Baylis drafted the trust into which she transferred her property. The property consisted of eight apartment buildings... More...   $27323 (12-11-2002 - MA)

New Boston Select Group, Inc. v. Karen DeMichele

President of Boston Select Staffing claimed that she was sexually harassed by the chairman of the company and was terminated when she complained about the way she was being treated. She was then sued for misrepresentation and breach of fiduciary duty by Boston Select Staffing. She counterclaimed alleging sexual harassment, breach of contract, wrongful termination and violation of her civil right... More...   $2100000 (10-02-2002 - MA)

James R. Young v. Donald E. LePone, et al.

We confront here two intricate variations on a standard theme -- the invocation of a limitations defense to federal securities claims. The general scenario is distressingly familiar: shareholders of a publicly-held company allege that the corporate officers systematically inflated earnings, concealed losses, and treated the company's books as works of fiction. The shareholders further allege that ... More...   $0 (09-10-2002 - MA)

Medical Air Technology Corporation v. Marwin Investment, Inc., et al.

Medical Air Technology appeals a judgment rendered after a bench trial involving a closely held corporation's financial travails and allegations of fiduciary violations by one of its investors. The plaintiff Medical Air, the closely held corporation, presents two claims of error: 1) that the district court applied the wrong legal standard for a shareholder's fiduciary duty to a closely held corpor... More...   $0 (08-14-2002 - MA)

Disola Development, Inc. v. Joseph C. Mancuso, et al.

Disola was a limited liability company. The original member-owners were Urdi, Mancuso, and Paul Kinchla. All three had signed personal guarantees to a bank that had loaned the company the money for its operating capital. After a time, Urdi and Mancuso decided that they wanted to get out of their personal guarantees, and the three principals agreed to amend the redemption provision of the original ... More...   $118635 (05-13-2002 - MA)

Nancy Barrs v. Lockheed Martin Corporation a/b/a Loral Western Development Labs, et al.

We are asked principally to determine whether the plaintiff-appellant, Nancy Barrs, was entitled under ERISA, 29 U.S.C. 1001 et seq. (1994), to notice of certain changes made by her ex-husband, James Barrs, to two life insurance policies maintained by him through his employer, Ford Aerospace Communications Corp. ("Ford"). Ford eventually became part of defendant-appellee Lockheed Martin ("Lockhe... More...   $0 (04-24-2002 - MA)

Stanley A. Rodowicz, et al. v. Massachusetts Mutual Life Insurance Company

In October of 1992 Massachusetts Mutual Insurance Company, seeking to improve its financial stability, attempted to reduce its work force by offering a Voluntary Termination Program ("VTP"). The program, open to all employees, offered a generous severance package. Some who took the program did so by retiring. Although the program did not offer enhanced retirement benefits, it did, of course, throu... More...   $0 (02-04-2002 - MA)

Robert W. Mangieri v. Paul Mangieri

This case arises from a will contest between plaintiff-appellant Robert W. Mangieri and defendant-appellee Paul Mangieri, who are, respectively, the only son and a nephew of the now deceased Joseph F. Mangieri. The case was filed on August 31, 1999. The complaint alleges two claims: first, a claim under Massachusetts General Laws Chapter 191 20, the omitted child statute; and second, a breach of... More...   $0 (09-11-2000 - MA)

Securities and Exchange Commission v. Fleet Investment Advisors, Inc.

Securities Fraud claims against Fleet Investment Advisors, Inc., and eight individuals including, Michael J. Rothmeier, the former president of Shawmut Investment Advisors, Inc. and a Michigan brokerage firm in connection with Shawmut's fraudulent use of $1.8 million of its advisory clients' brokerage commissions to pay for client referrals. Fleet acquired Shawmut in December, 1995.

... More...   $1900000 (09-09-1999 - MA)

Hanover Insurance Company v. John Sutton, et al.

Breach of fiduciary duty and breach of contract claims by Hanover Insurance Company against former president and others. ... More...   $1 (02-13-1995 - MA)

Hanover Insurance Company v. John Sutton & Others

Breach of fiduciary duty - Hanover field an eight-count complaint against defendants John Sutton, William J. O'Brien, William J. O'Brien, Inc., and Insurance Partnerships, Inc. The gravamen of the complaint was that Sutton, Hanover's former employee, failed in his fiduciary duty to Hanover by diverting a corporate opportunity.... More...   $1 (03-01-1995 - MA)

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