Legal Opinion

NPS, LLC v. Minihane

Massachusetts Supreme Judicial Court

Decided May 15, 2008PublishedCited by 37 opinions

1Opinion of the CourtCowin, J.

In this case we decide whether an acceleration clause in a ten-year license agreement for luxury seats for New England Patriots professional football games at Gillette Stadium is enforceable. The agreement requires the purchaser of the license to pay, upon default, the amounts due for all years remaining on the license. The plaintiff contends that the clause is a lawful liquidated damages provision; the defendant, who *418defaulted in the first year of the agreement, argues that it is an unlawful penalty. A judge in the Superior Court agreed with the defendant and refused to enforce the…

2Cases cited15 opinions

  1. JMD Holding Corp. v. Congress Financial Corp.New York Court of Appeals · 2005
  2. Lake Ridge Academy v. CarneyOhio Supreme Court · 1993
  3. Kendall v. SelvaggioMassachusetts Supreme Judicial Court · 1992
  4. Morris v. Redwood Empire BancorpCalifornia Court of Appeal · 2005
  5. A-Z Servicenter, Inc. v. SegallMassachusetts Supreme Judicial Court · 1956

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3Cited by37 opinions

  1. Bose Corporation v. EjazCourt of Appeals for the First Circuit · 2013
  2. Prudential Insurance Company v. SW Boston Hotel Venture, LLCCourt of Appeals for the First Circuit · 2014
  3. Kunelius v. Town of StowCourt of Appeals for the First Circuit · 2009
  4. Edlow v. RBW, LLCCourt of Appeals for the First Circuit · 2012
  5. NPS LLC v. Ambac Assurance Corp.District Court, D. Massachusetts · 2010

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