Legal Opinion
Marshall v. Stratus Pharmaceuticals, Inc.
Massachusetts Appeals Court
Decided May 25, 2001No. 98-P-1508PublishedCited by 52 opinions
1Opinion of the CourtDreben, J.
The central issue in this appeal by the plaintiff is the extent to which issues remained open on a hearing to assess damages after a default had entered against the defendants under Mass.R.Civ.P. 55(a), 365 Mass. 822 (1974), for failure timely to file their answers.
The gist of the plaintiff’s complaint, filed in the Superior Court, was that the defendants, Stratus Pharmaceuticals, Inc. (Stratus), Albert Hoyo, and Keith Pyle, failed to pay for the plaintiff’s services in breach of contract and that the defendants, having never intended to pay for all of such services, acted in violation of G.…
2Cases cited34 opinions
- Nishimatsu Construction Co., Ltd. v. Houston National Bank, Defendant-Third Party v. Jack D. Baize, Third PartyCourt of Appeals for the Third Circuit · 1975
- Beddall v. State Street Bank & Trust Co.Court of Appeals for the First Circuit · 1998
- Fed. Sec. L. Rep. P 94,803 Steven Flaks v. David I. Koegel and Flora Mir Candy CorporationCourt of Appeals for the Second Circuit · 1974
- Muriel D. Black v. Michael P. Lane, Michael Neal, P.A. Severs, CaptainCourt of Appeals for the Seventh Circuit · 1994
- Levings v. Forbes & Wallace, Inc.Massachusetts Appeals Court · 1979
29 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Smilow v. Southwestern Bell Mobile Systems, Inc.Court of Appeals for the First Circuit · 2003
- Brewster Wallcovering Co. v. Blue Mountain Wallcoverings, Inc.Massachusetts Appeals Court · 2007
- Berkowitz v. President & Fellows of Harvard CollegeMassachusetts Appeals Court · 2003
- Hermanson v. SzafarowiczMassachusetts Supreme Judicial Court · 2010
- Mancuso v. Massachusetts Interscholastic Athletic Ass'nMassachusetts Supreme Judicial Court · 2009
47 more not listed; retrieve them via the Exa API.