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Legal Opinion

Union Products Inc. v. Warner 7 Stackpole, L.L.P.

Massachusetts Superior Court

Decided December 22, 2004No. 200302091Published

1Opinion of the Court

Agnes, A.J.

INTRODUCTION

The defendants have filed motions to dismiss under Mass.RCiv.P. 4(j), 12(b)(5) and 12(b)(6) the Second Amended Complaint (complaint) filed by the plaintiffs which alleges legal negligence against their former counsel. In particular, the plaintiffs allege that their former lawyers failed to properly advise them regarding the rights of a terminated officer and shareholder, and then engaged in “over-litigation” of the lawsuit. The complaint contains four causes of action against all defendants: breach of contract (count I), breach of fiduciary duty (count II), legal…

2Cases cited7 opinions

  1. Williams v. ElyMassachusetts Supreme Judicial Court · 1996
  2. Gottlieb v. Sandia American Corp.Court of Appeals for the Third Circuit · 1971
  3. Konover Management Corp. v. Planning BoardMassachusetts Appeals Court · 1992
  4. Salter v. ScottMassachusetts Supreme Judicial Court · 1973
  5. Rosen Construction Ventures, Inc. v. Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C.Court of Appeals for the First Circuit · 2004

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