Legal Opinion · Concurrence

United Factory Outlet, Inc. v. Jay's Stores, Inc.

Massachusetts Supreme Judicial Court

Decided February 4, 1972Published

1ConcurrenceTauro, C.J.

(concurring) The majority opinion makes the law of the Commonwealth uncertain in an *40important area involving the power of courts to deal with violations of their decrees through civil contempt. For this reason, I cannot join in the opinion of the court, although I concur in the result reached in today’s decision.

The defendants, eight corporations charged with civil contempt for disobeying an. injunction, defend on the ground that their conduct was not a “wilful disobedience of the court’s decree” (emphasis supplied). As authority for their contention, they cite the case of Massachusetts…

2Cases cited46 opinions

  1. United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
  2. Gompers v. Bucks Stove & Range Co.Supreme Court of the United States · 1911
  3. Boys Markets, Inc. v. Retail Clerks Union, Local 770Supreme Court of the United States · 1970
  4. McComb v. Jacksonville Paper Co.Supreme Court of the United States · 1949
  5. Helvering v. HallockSupreme Court of the United States · 1940

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