Berger v. H.P. Hood, Inc.

The plaintiffs motion for reinstatement of orders for partial summary judgment as to American Mobile Corporation should be denied. In support of her motion, plaintiff argues, without any persuasive authority, that orders for partial summary judgment entered for the plaintiff against American Mobile Corporation (“American”) in 1989 should be reinstated by virtue of the Supreme Judicial Court’s vacation of a 1990 judgment in favor of American. In the Supreme Judicial Court’s decision, there was no mention of reinstating any prior Superior Court order. Instead, the Supreme Judicial Court held:

the…