Legal Opinion

C.N. Wood Co. v. Labrie Environmental Group

District Court, D. Massachusetts

Decided June 5, 2013No. Civil Action No. 12-11778-RGSPublished

1Opinion of the Court

*82MEMORANDUM AND ORDER ON LA-BRIE ENVIRONMENTAL GROUP’S MOTION TO DISMISS

STEARNS, District Judge.

This opinion addresses the threshold issue of whether the “Distributorship Agreement” (Agreement) between plaintiff C.N. Wood Company, Inc. (Wood) and Labrie Environmental Group (Labrie) constitutes a de facto franchise agreement under Mass. Gen. Laws ch. 93B, § 1. If it does, then Wood’s lawsuit, which was originally filed in the Massachusetts Superior Court (before being removed to the federal district court) survives the choice of law and choice of forum provisions of the Agreement that designate…

2Cases cited11 opinions

Instructional Systems, Inc. v. Computer Curriculum Corp.Supreme Court of New Jersey · 1992
Ziegler Co., Inc. v. Rexnord, Inc.Wisconsin Supreme Court · 1987
Bush v. National School Studios, Inc.Wisconsin Supreme Court · 1987
Lynn Moodie, Cross-Appellee v. School Book Fairs, Inc., a Corporation, Cross-AppellantCourt of Appeals for the Seventh Circuit · 1989
Frieburg Farm Equipment, Inc. v. Van Dale, Inc.Court of Appeals for the Seventh Circuit · 1992

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