Legal Opinion

Day v. Kerkorian

Massachusetts Appeals Court

Decided June 6, 2008No. 07-P-174Published

1Opinion of the CourtMcHugh, J.

In an effort to recover damages for interference with an advantageous contractual relationship and commission of an unfair and deceptive practice, see G. L. c. 93A, § 2, Robert C. Day brought suit against Gregory Kerkorian, an insurance agent, on February 2, 2001.1 After a period of discovery, Kerkorian moved for summary judgment dismissing the complaint. He based the motion on three contentions: the statute of limitations had run before the action was filed; the action was based on statements covered by a so-called “litigation privilege”; and Day would be unable to prove any damages at…

2Cases cited14 opinions

  1. Pederson v. Time, Inc.Massachusetts Supreme Judicial Court · 1989
  2. Augat, Inc. v. Liberty Mutual InsuranceMassachusetts Supreme Judicial Court · 1991
  3. Correllas v. ViveirosMassachusetts Supreme Judicial Court · 1991
  4. Bowen v. Eli Lilly & Co.Massachusetts Supreme Judicial Court · 1990
  5. Matthews v. Ocean Spray Cranberries, Inc.Massachusetts Supreme Judicial Court · 1997

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