Cases

Robert J. Long v. The Niles Company, Inc. –  Appeal to the Massachusetts Appellate Division arising out of a jury verdict from the Quincy District Court relative to a claim by a property owner for damages against the property manager.  Successful appeal overturned the verdict on the basis of the economic loss doctrine.

Fitzpatrick v. Yeaman – Summary Judgment decision from Land Court quieting title to a parcel of real estate under the doctrine of adverse possession due to a break in the chain of title.

Kaplan v. Compass Securities Corp. – Decision of the Massachusetts Appeals Court determining whether a FINRA registered broker-dealer and a registered representative are required to arbitrate disputes under a clause in the registered representative agreement and FINRA’s rules and regulations.

Kaplan v. Compass Securities Corp. (Kaplan II) – Massachusetts Appellate Division reversing a Judgment of the Quincy District Court on jurisdictional grounds, interpreting the effect of an order by the superior court to transfer the case under G.L. c. 223, §2B.

Casiello v. Stone, et al. – Appeal to the United States District Court of Massachusetts determining the jurisdiction of the Massachusetts Bankruptcy Court to hear and determine motions made under 28 U.S.C. §1927.

Blaney v. Lowell General Hospital – Appeal determining whether service of a Motion to Amend Complaint under Superior Court Rule 9A satisfied the requirements of the Statute of Repose (G.L. c. 260, §4) in a medical malpractice action.

Ferry v. Rosewood Construction Corp. – Decision of the Massachusetts Appeals Court interpreting the term “just cause” for termination in a contract of employment for a fixed term.

Colonial Co-operative Bank v. Queeno, – Appeal to the Massachusetts Appeals Court determining the respective priorities of a recorded mortgage and an unrecorded purchase and sale agreement for real estate in Massachusetts.

DSH Design v. Taunton Land Development, LLC. – Successful petition to the Single Justice of the Appeals Court pursuant to G.L. c. 231, §118, overturning an Order of the Superior Court requiring an Appellant to post an appeal bond concerning an appeal of a money judgment.

Medical-Technical Gases, Inc. v. Airgas East, Inc. – Decision of the Massachusetts Appeals Court reversing the Superior Court’s interpretation of a release and ordering a new judgment to enter on the basis of the revised interpretation.

Romain v. Dever – Appeal overturning a Summary Judgment in favor of plaintiff concerning the interpretation of a settlement agreement.

Fiumara v. Fiumara – Massachusetts Appeals Court decision affirming trial victory before the Essex Superior Court declaring a realty trust invalid as a “sham” and confirming title in favor of decedent.

Kaplan v. Compass Securities Corp. (Kaplan III) –  Decision of the Massachusetts Appeals Court confirming an award of attorneys’ fees in an arbitration conducted before FINRA on the basis of language in the registered representative agreement, the FINRA Dispute Resolution Arbitrators’ Guide and arguments made by Godbout Law, PLLC.

Schaefer v. Pilgrim – Summary Judgment awarded in favor of client on a security deposit litigation before the Boston Housing Court.

INTEGRATED PHARMACEUTICALS, INC. vs. CHINMAY CHATTERJEE & others.’
– Summary Decisions Issued by the Appeals Court Pursuant to Its Rule1:28, As Amended by 73 Mass App. Ct 1001(2009), Are Primarily Directed to the Partiesand, Therefore, May Not Fully Addressthe Facts of the Case or the Panelsdecisional Rationale.