Bain Capital, Inc. v. Wesley Jessen Corp.

van Gestel, J.

This matter is before the Court pursuant to Mass.R.Civ.P. Rule 56 on a motion by the defendant, Wesley Jessen Corporation (“Wesley Jessen”), for partial summary judgment as to certain counts of the complaint, namely: (1) Count I (breach of contract), Count III (breach of contract), Count V (breach of implied covenant of good faith and fair dealing), Count VI (promissory estoppel) and Count VII (violation of G.L.c. 93A), each in their entirety; and (2) Count IV (breach of contract) as it relates to the payment of advisory fees through January 31, 2004.

BACKGROUND

At issue is a…