The Massachusetts Appeals Court today rejected a request from Boston-based publisher IDG for abatements on taxes for payments to one subsidiary from other subsidiaries.
IDG, which publishes technology magazines and Web sites around the world, had sought an abatement on excise taxes owed in 1992, 1993 and 1994, arguing that royalties paid by its various subsidiaries for use of the brand's "world" logo (think Computerworld and PC World, both IDG subsidiaries) to an IDG subsidiary called IDG Holdings should not be counted toward IDG's overall corporate income.
The court, however, agreed with the Department of Revenue and the Appellate Tax Board that the transfer of the "world" licensing business from the IDG mothership to the subsidiary "had no economic substance or business purpose other than tax avoidance, and therefore constituted a sham transaction," because IDG Holdings conducted no actual business. IDG produced documents showing IDG Holdings had opened accounts with an investment firm and a bank in Delaware, but the court ruled a bank account by itself does not show actual business operations.
An Acton man yesterday sued a DC law firm that is trying to go after thousands of people it claims pirated copies of a 2008 movie.
In his class-action lawsuit, filed in US District Court in Boston, Dimitriy Shirokov charges the Washington law firm of Dunlap, Grubb and Weaver is simply trying to make money by shaking down more than 4,500 people in its own legal actions related to the movie Far Cry.
The Massachusetts Appeals Court ruled today a small publisher can proceed with a lawsuit to overturn a large settlement against it by admitted liar Misha Defonseca for what turned out to be a completely fabricated tale of several years spent evading the Nazis during World War II.
Boston police officers trying to stop a deranged man with a pellet gun who'd stolen a police cruiser should have called in a mental-health professional rather than shooting him dead, his widow argues in a lawsuit filed yesterday.
Some guy in England has filed the obligatory shareholder lawsuit over Oracle's proposed $1-billion takeover of Cambridge's Art Technology Group.
In his suit, filed this week in US District Court in Boston, Thomas Granados makes the obligatory arguments about how the deal screws ATG stockholders, and company directors should be ashamed of themselves.
The two Cambridge institutions charge Cotendo, of Sunnyvale, CA, is violating patents they hold for speeding up delivery of content over the Internet.
In a lawsuit filed yesterday in US District Court in Boston, Akamai and MIT focus on one patent owned by MIT and licensed to Akamai and two patents owned by Akamai, which also claims that
Cotendo has utilized product descriptions and designations developed and used by Akamai in the marketplace for years, such as “Dynamic Site Acceleration” ('DSA'), in an attempt to sell services that embody Akamai's inventions.
Patents at issue:
- Content distribution system using an alternative domain name system (DNS) and content servers
- SYSTEM AND METHOD FOR HIGH-PERFORMANCE DELIVERY OF WEB CONTENT USING HIGH-PERFORMANCE COMMUNICATIONS PROTOCOL BETWEEN THE FIRST AND SECOND SPECIALIZED INTERMEDIATE NODES TO OPTIMIZE A MEASURE OF COMMUNICATIONS PERFORMANCE BETWEEN THE SOURCE AND THE DESTINATION
- HTML delivery from edge-of-network servers in a content delivery network (CDN)
Last fall, the Phoenix sued Facebook, alleging the social network violated patents owned by a Phoenix subsidiary for creating user profiles online. Facebook yesterday returned the favor, suing the Phoenix for alleged violations of patents it owns on equally fundamental parts of the Web.
In its lawsuit, like the Phoenix suit, filed in US District Court in Boston, Facebook charges search engines on the Phoenix Web site that let uses find bands, events and restaurants violate a Facebook patent on a technique for letting users narrow the results of a search query. Facebook also charges its patent is violated by a Phoenix search engine that lets users specify exactly what sort of sex acts they want to see in X-rated videos catalogued by the Phoenix's adult sites.
NorthEndWaterfront.com reports Steven Fustolo is no longer suing Fredda Hollander for articles she wrote for a neighborhood newspaper over his proposed building plans.
The case reached the Supreme Judicial Court, which ruled in February that reporters are not covered by a state law intended to protect residents against lawsuits by big corporations for exercising their right to petition the government.
A Back Bay resident has filed a federal lawsuit against an Argentine family he says swindled him out of $2.5 million with bogus investments in Argentine real estate and wine making.
David Ehrman's suit, filed yesterday in US District Court in Boston, alleges the family violated the federal anti-racketeering law.
[T]he defendants targeted and contacted American citizens whom they believed to be of financial means, purported to befriend them, falsely exaggerated and extolled their own skills and experience, falsely misrepresented their altruistic motivation, solicited their targets to make investments in Argentine business ventures, engendered their targets' trust and confidence, and promised to identify, execute, manage and safeguard their targets' investments in Argentina, and then usurped control over such investments for purposes of defrauding their targets of money and property.
Complete complaint (100 pages).
A Hopedale man alleges that poor needlework by a Red Cross worker at a blood-donation drive, coupled with bad followup medical advice from the Red Cross, has left him with permanent, excruciating pain that now keeps him from doing much of anything.
In a lawsuit, originally filed in Middlesex Superior Court but recently transferred to US District Court in Boston, John J. Fitzgerald says his trouble started at a blood drive at the Hopkinton Congregational Church on Feb. 24, 2009. An employee identified only as "Jane Doe" prepped him and inserted the needle, but another worker noticed bruising - a sign of internal bleeding - stopped the blood taking and said the needle had been put in "too far."
Fitzgerald said the Ace bandage and ice pack workers gave him did little to staunch the increasing pain and tenderness; nor did the hot soaks he said the Red Cross told him to apply when he called help. Still in pain a few weeks later, he saw a variety of physicians, who said the bleeding in his arm had damaged his nerves and resulted in "severe, debilitating pain, known as complex regional pain syndrome."
"His pain is severe and prevents him from engaging in any activities," his complaint alleges.
The Red Cross has yet to respond to the suit.
US District Court Judge Rya Zobel this week issued a preliminary injunction against a new state law designed to punish adults who send children online pornography, saying the law is so broad it could snare adults legitimately discussing adult issues.
Five Lexington firefighters who say they were incorrectly accused of shirking their responsibility to attend EMT re-training classes want the state to strike their names from its records on the scandal.
Max Glickman of Hopewell Junction, NY yesterday filed a federal class-action lawsuit against NStar's proposed takeover by Northeast Utilities of Connecticut, charging the deal will cheat people like him out of untold amounts of money because Northeast Utilities would pay a lot more for the deal if only NStar executives and trustees weren't traitorous greedheads willing to sell shareholders out for some "personal financial benefits."
The Massachusetts Appeals Court today ordered an insurance company to return a painting to the estate of a Concord woman from whom it was stolen rather than attempt to sell it for up to 32 times the amount it paid out in losses after its theft.
A federal appeals court in Boston ruled today the heir of a Jewish art collector in Vienna has no right to a painting by an early 20th-century expressionist that wound up at the MFA because she waited too long under Massachusetts law to file a claim.
The Supreme Judicial Court today told an insurance agent being sued by the estate of a man to whom he sold a life-insurance policy to stop filing appeals of rulings a judge has yet to make.
Today's ruling is the court's second on Frederick McMenimen's "interlocutory appeal" of a ruling he expects a lower-court judge to make in the lawsuit. As with his first appeal, the state's highest court ruled he should wait until after the judge in his case actually issues the rulings. But this time, the court went further, specifically telling him to knock it off:
As the records in McMenimen I and this case are rife with instances of litigiousness and delay, any future conduct that unnecessarily derails the timely progress of postjudgment proceedings or the direct appeal may result in sanctions.
In a federal lawsuit filed yesterday, workers at Cambridge Health Alliance, which runs hospitals in Cambridge, Somerville and Everett, charge they routinely have 30 minutes deducted from their pay for lunch even when they actually worked through lunch.
The class-action suit, filed in US District Court in Boston, alleges that even when workers did take a lunch break, they were "regularly interrupted with work-related matters during meal breaks." Workers were also not paid for work done before or after their scheduled shifts, the suit charges, adding that until recently, the hospital did not keep records of exact hours worked by employees who are supposed to be on the clock.
The Massachusetts Appeals Court issued a ruling today in a Westborough property lawsuit filed in 1983 that will ensure further work for the lawyers and their descendants:
This twenty-five-year dispute concerning a now long-terminated commercial lease is currently before us on cross appeals. The litigation will not end here; we vacate the judgment and remand the matter for further proceedings consistent with this opinion.
Of note is that neither of the parties is named Jarndyce. Alert tweeter Kate Hutchinson alerts us that this case is in its infancy compared to Gaines v. Hennen, which went on for 60 years - even continuing for 8 years after the death of the woman who brought it.
The Oklahoma Law Enforcement Retirement system yesterday filed suit to try to block IBM's proposed purchase of Marlboro-based Netezza, which makes systems for storing and analyzing vast amounts of data.
The retired lawmen charge Netezza executives agreed to sell the company on the cheap and demand the company look for other potential buyers who might offer more than the $1.7 billion IBM is willing to toss stockholders' way.
They filed their suit in US District Court in Boston. Another stockholder filed suit in Delaware.
The Massachusetts Appeals Court today reinstated a lawsuit by a woman who suffered serious injuries when hit in the back of the head with a softball at a confirmation party thrown by her friends in their small backyard.
A lower-court judge had ruled neither the couple who hosted the party nor the man who organized the impromptu softball game owed Maria Judge any special "duty of care" and granted a summary judgment dismissing the suit. She was sitting on a porch with her back to the game when a ball hit by the confirmation boy's brother smacked her in the head.
The appeals court, however, said that was not for a judge to decide and that the suit should have gone to a jury - which would also consider whether Judge herself was negligent for sitting with her back to the game:
The concert promoter yesterday filed a federal lawsuit against "JOHN DOES 1-100, individuals, JANE DOES 1-100, individuals, and XYZ COMPANY, business entity form unknown" to keep them from selling unauthorized T-shirts and tchotchkes outside Roger Waters' concert at the Garden on Sept. 3, Oct. 1 and Oct. 3.
The Massachusetts Appeals Court ruled today owners of some Fenway condos have the right to sue to block a proposed building on an adjacent lot because any idiot could tell the new building would block their views and air.
A former assistant to the new Celtic charges O'Neal tried to frame him after a falling out by hacking into his computer and putting child pornography there, InformationWeek reports.
Nancy Geshke, whose 8-year-old daughter wound up in Mass. General when one of her feet got caught and crushed in an escalator this past July, yesterday sued Crocs for $11 million, alleging the company keeps selling its plastic shoes despite mounting evidence they are a menace on escalators.
A Boston company with a service for pinpointing the location of cell-phone users is suing Google, alleging Google's similar offerings violate its patents.
Skyhook Wireless filed its suit in US District Court yesterday, demanding Google stop selling its own geolocation services, and, naturally, pay Skyhook tons of money for the "willful nature" of Google's patent infringement.