Justia Commercial Law Opinion SummariesArticles Posted in Massachusetts Supreme Judicial Court
Massachusetts Port Authority v. Turo Inc.
The Supreme Judicial Court affirmed the order of the superior court allowing Plaintiff's motion for a preliminary injunction but amended the first numbered paragraph of the order to affirmatively restrain only Turo Inc.'s conduct, holding that the preliminary injunction was properly granted.The Massachusetts Port Authority (Plaintiff) filed suit against Turo, RMG Motors LLC, and John Doe Nos. 1 through 100 (collectively, Defendants) in this dispute over the unregulated pick up and drop off of passengers at the Logan International Airport. At issue on appeal was the superior court judge's order granting a preliminary injunction in favor of Plaintiff that restricted Turo from conducting commercial activity at the airport without written permission from Plaintiff. The Supreme Judicial Court affirmed the order, holding that the judge did not err in issuing the preliminary injunction but that a modification of the terms of the injunction to comply with the requirements of the Communications Decency Act, 47 U.S.C. 230(c)(1) was required. View "Massachusetts Port Authority v. Turo Inc." on Justia Law
Williams v. American Honda Finance Corp.
At issue was how to calculate “fair market value” of a repossessed automobile under Mass. Gen. Laws ch. 255B, 20 B and the notices that are required with respect to this calculation.Under section 20B, a creditor who repossesses and sells a vehicle is entitled to recover form the debt the deficiency that remains after deducting the “fair market value” of the vehicle from the debtor’s unpaid balance. Plaintiff in this case alleged that the fair market value of her repossessed automobile was the fair market retail value of the automobile, rather than the amount paid at an auction open to licensed dealers. The federal district court granted summary judgment to American Honda Finance Corporation (Honda). The court of appeals certified to the Supreme Judicial Court three questions. The Court answered (1) the ultimate determination of fair market value is left to the courts in contested cases, taking into account both creditor and debtor interests, and the means, methods, and markets used to sell the vehicle; and (2) the resale and postsale notices provided to the debtor must expressly describe the deficiency as the difference between the amount owed on the loan and the fair market value of the vehicle. View "Williams v. American Honda Finance Corp." on Justia Law
Limoliner, Inc. v. Dattco, Inc.
Limoliner Inc., which owned and operated a fleet of luxury motor coaches, hired Dattco, Inc. to perform repair work on one of those vehicles. While Dattco recorded most of those requests in writing, Dattco neglected to write down Limoliner’s verbal request to repair one of the vehicle’s important electrical components. When Dattco failed to make any repairs to that component, Limoliner commenced this action, alleging, inter alia, that Dattco violated Mass. Gen. Laws ch. 93A, 2(a), as interpreted by 940 Code Mass. Regs. 5.05(2), by failing to record Limoliner’s request in writing. Dattco removed the case to federal court on the basis of diversity jurisdiction. Following a jury-waived trial, a magistrate judge found for Dattco on Limoliner’s regulatory claim under 940 Code Mass. Regs. 5.05, concluding that the provision at issue applies only to consumer transactions and not to transactions where the customer is another business. Limoliner appealed, and the United States Court of Appeals for the First Circuit certified a question regarding the issue to the Supreme Court. The Supreme Court answered that 940 Code Mass. Regs. 5.05 does apply to transactions in which the customer is a business entity. View "Limoliner, Inc. v. Dattco, Inc." on Justia Law