West Broadway Task Force v. Boston Housing Authority

21 Citing cases

  1. Melrose Fish & Game Club, Inc. v. Tenn. Gas Pipeline Co.

    89 Mass. App. Ct. 594 (Mass. App. Ct. 2016)   Cited 4 times
    Finding continuing trespass where easement was blocked

    โ€œGenerally, laches is a question of fact, Tzitzon Realty Co. v. Mustonen, 352 Mass. 648, 650, 227 N.E.2d 493 (1967), and a finding of fact by a Superior Court judge will not be overturned unless clearly erroneous.โ€ West Broadway Task Force v. Boston Hous. Authy., 414 Mass. 394, 400, 608 N.E.2d 713 (1993). However, the correct legal definition of laches and the proper factors for a judge to consider when applying it are issues of law, which we review de novo. U.S. Bank Natl. Assn. v. Schumacher, 467 Mass. 421, 427, 5 N.E.3d 882 (2014).

  2. Riley ex rel. American Bridge Products v. Decoulos (In re American Bridge Products, Inc.)

    599 F.3d 1 (1st Cir. 2010)   Cited 3 times

    In re San Juan Hotel Corp., 847 F.2d at 940. Further, although limitations periods have not run, Massachusetts case law allows laches to be asserted against equitable claims where undue delay combines with prejudice. Cohen v. Bailly, 266 Mass. 39, 165 N.E. 7, 11 (1929); W. Broadway Task Force v. Boston Hous. Auth., 414 Mass. 394, 608 N.E.2d 713, 716 (1993). So even without a final accounting, Decoulos was free to show that he had been prejudiced by the delay in the claims against him; but he did not do so.

  3. Berkowitz v. Berkowitz

    Civil Action No. 11-10483-DJC (D. Mass. Mar. 30, 2015)   Cited 1 times
    Holding judicial estoppel inappropriate where counsel did not list securities on financial disclosure form because he did not believe he was obligated to include it

    The Woodward Sch. For Girls, Inc. v. City Of Quincy, 469 Mass. 151, 179 (2014) (internal citations omitted). Whether a party has engaged in unreasonable delay causing injury to the defendant is a question of fact. W. Broadway Task Force v. Boston Hous. Auth., 414 Mass. 394, 400 (1993). While Bonnie argues Samuel had actual knowledge based on the divorce proceedings, "[c]onstructive knowledge is insufficient, as is [m]ere suspicion or mere knowledge that the fiduciary has acted improperly."

  4. Berkowitz v. Berkowitz

    Civil Action No. 11-10483-DJC (D. Mass. Sep. 20, 2013)   Cited 1 times
    Holding that state law governs an affirmative defense of the statute of frauds in a diversity action

    Whether a party has engaged in unreasonable delay causing injury to the defendant is a question of fact. W. Broadway Task Force v. Boston Hous. Auth., 414 Mass. 394, 400 (1993). In her motion for summary judgment on this issue, Bonnie has argued that Samuel has been aware of the facts underlying the lawsuit for at least eight years.

  5. Serv. Emps. Int'l Union, Local 509 v. Dep't of Mental Health

    476 Mass. 51 (Mass. 2016)   Cited 7 times

    Timeliness issues for laches purposes are, of necessity, to be decided on a case-by-case basis, with the guiding principle being fairness; parties must not sit on their hands. See, e.g., West Broadway Task Force v. Boston Hous. Auth., 414 Mass. 394, 400, 608 N.E.2d 713 (1993) (laches operates where there is โ€œunreasonable delayโ€). As discussed, the case before us is sui generis in this regard.

  6. A.W. Chesterton Co. v. Mass. Insurers Insolvency Fund

    445 Mass. 502 (Mass. 2005)   Cited 74 times
    Adopting the exposure theory trigger to asbestos-related claims

    The operation of laches generally is a question of fact for the judge, and a judge's finding as to laches will not be overturned unless clearly erroneous. See West Broadway Task Force v. Boston Hous. Auth., 414 Mass. 394, 400 (1993), citing Tzitzon Realty Co. v. Mustonen, 352 Mass. 648, 650 (1967). It is true that thirteen years passed between 1984, the time Midland was apprised of the facts forming the basis of the misrepresentation claim, and 1997, when the Fund asserted misrepresentation as an affirmative defense in its answer to Chesterton's amended complaint.

  7. Commonwealth v. Dodge

    428 Mass. 860 (Mass. 1999)   Cited 28 times
    In Commonwealth v. Dodge, 428 Mass. 860, 864-866 (1999), we stated that a judge did not have authority under the general bail statute, G.L.c 276, ยง 58, to set conditions for releasing a defendant on personal recognizance or bail.

    "A judgment which is correct on the facts will be upheld even though the stated ground for the judgment is unsound." West Broadway Task Force v. Boston Hous. Auth., 414 Mass. 394, 398 (1993). (a) Statutory authority.

  8. GTE Products Corp. v. Stewart

    421 Mass. 22 (Mass. 1995)   Cited 154 times
    Holding that in-house counsel may maintain wrongful discharge action where fired for refusing to violate ethical norms

    An order "which is correct on the facts will be upheld even though the stated ground for the judgment is unsound." West Broadway Task Force v. Boston Hous. Auth., 414 Mass. 394, 398 (1993). See Aetna Casualty Sur. Co. v. Continental Casualty Co., 413 Mass. 730, 734-735 (1992).

  9. Starr v. Wexler

    No. 21-P-453 (Mass. App. Ct. Aug. 4, 2022)

    "The doctrine of laches operates in equity as an affirmative defense against a plaintiff whose unreasonable delay in bringing a claim results in some injury or prejudice to the defendant." West Broadway Task Force v. Boston Hous. Auth., 414 Mass. 394, 400 (1993), citing Shea v. Shea, 296 Mass. 143, 148-149 (1936). "[L]aches does not operate to bar a claim simply because the events which established rights in the plaintiff occurred long ago." Id.

  10. Marinelli v. ELM Assocs.

    No. 21-P-27 (Mass. App. Ct. Jan. 28, 2022)

    We do not consider issues raised for the first time on appeal. See West Broadway Task Force v. Boston Hous. Auth., 414 Mass. 394, 397 n.2 (1993). Here, counsel for the plaintiffs failed to make a timely objection to the jury instructions or the special verdict form, thereby waiving the arguments raised on appeal.