Murphy, Trustee of CWEN Trust vs. Kelley, et als., Suffolk Superior Court. Case was tried; jury waived for 65 trial days involving the issue of the ownership of the Chatham’s Corner Trust real property in Boston. Plaintiff contended that the property was owned by the plaintiff trust and sought to establish a constructive trust over that property by claiming that the defendant wrongfully obtained title based on alleged breach of fiduciary duties by the Trustee of the CWEN Trust. Court found in favor of the defendants and determined that the title to the property was properly in the name of the defendant.
Steele v. Kelley, Suffolk Superior Court and Appeals Court. Case was tried before a jury on a claim by the plaintiff that defendant breached his duties as a Trustee by failing to make a distribution of the trust, by leasing property at below market value to a tenant related to the Trustee, for an accounting, and for violations of MGLC 93A. After a jury verdict for the plaintiff, the case was appealed to the Appeals Court, that issued a lengthy opinion vacating the Judgment of the Superior Court, and holding that MGLC 93A did not apply to a Trustee – beneficiary dispute amongst many issues decided by the Appeals Court. After a remand to the Superior Court, a judgment issued in favor of the client.
Dowd vs. OHP joint venture, Suffolk Superior Court. Claims by a plumbing and HVAC subcontractor against a general contractor and surety for the balance of the subcontracts, changes, claims for interference, and recovery of monies withheld by general contractor, which after a two-week trial resulted in an Order for Judgment for about $1.1 million plus interest for the plaintiff.
Framingham Heavy Equipment Co., Inc. v. John T. Callahan & Sons, Inc., et al., Essex Superior Court and Appeals Court. Case involved claims by a site subcontractor against a general contractor and its surety for changes, changed conditions, and the balance of the subcontract, and defense of counterclaims for breach of contract, which case was tried for nearly four weeks and resulted in a Judgment for the plaintiff that was appealed to the Appeals Court. The Appeals Court held in a leading case that there was no “pay and when paid” provision in the subcontract, and that the subcontractor was excused from further performance as a result of the defendant’s failure to make payments. The Appeals Court affirmed the Judgment of the Superior Court which resulted in a judgment in favor of the client for about $1.2 million.
In re: H.L Smith, Armed Services Board of Contract Appeals and US Court of Appeals for the Federal Circuit. This case involved claims against the U.S. Navy that was appealed by the claimant to the U.S. Court of Appeals for the Federal Circuit after a dismissal by the Board for failure to comply with the Contract Disputes Act of 1978. The Court of Appeals reversed and found that the claim complied with that Act, and remanded the case to the Board. The case was thereafter settled for $650,000.
Mishara Construction Co., Inc. v. Renzi, et al. U.S. District Court and U.S. Court of Appeals for the First Circuit. Claim by contractor against subcontractor for breach of contract for abandonment of a project tried before a jury with a finding of about $90,000. Case was affirmed by the U.S. Court of Appeals.
Palriwala vs. Estate of GS Palriwala, Middlesex Superior Court and Appeals Court. Case involved a claim against an Estate for services rendered in caring for the decedent that resulted in a jury verdict of $2 million, for which the Court granted a judgment notwithstanding the verdict and dismissed the case. The case was appealed to the Appeals Court which reversed and a Judgment in excess of $4 million was entered for the plaintiffs.