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Boston Business Litigation News - April 3, 2017
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New Litigation
Boston Public Library Seeks Modification of Trust to Make Better Use of Funds in Fred Allen Fund
BUSINESS LITIGATION SESSION
The Trustees of the Boston Public library have filed an action seeking modification of the terms of the Fred Allen Fund (the "Trust") under the doctrine of cy pres in order to better utilize the funds in the Trust. The famous radio comedian, Fred Allen, got his start as a stack boy in the BPL, where his father was a bookbinder. After he died in 1956, his widow and former comedy partner, Portland Hoffa, over time donated many of his personal items and $100,000 to establish the Fred Allen Sound Archives. The Trustees then voted to create the Trust in 1974. Although the BPL has been unable to find any governing trust instrument, according to the BPL's records of the Trustees' vote creating the fund, use of the Trust's income was restricted to purchases of materials "in the field of performing arts, with emphasis on radio, television and the theater." That restriction, particularly as it relates to "the field of performing arts," has proven to be too narrow, as radio, television, and theater have changed drastically since the Trust's inception, resulting in unused funds annually from the Fund, which has grown to about $1 million. With modifications to the Trust, BLP envisions being able to use funds to support projects with a connection to social media and other digital advances. Reports are that Jack Benny has agreed to bury the hatchet and support the petition.
15-Day Cruise Turns Into 8-Day Mystery Bus Trip. Lawsuit Ensues.
BUSINESS LITIGATION SESSION
A putative class action has been filed against Vantage Travel Service, Inc. on behalf of persons who "paid for a 15-day cruise, the 'Majestic Rivers of Europe,' but instead received a 5 day cruise and 8 day bus trip." It's unclear from the complaint exactly how this 15-day cruise turned into a bus trip, but based on the complaint's allegations that Vantage failed to put into place an emergency/contingency plan "to address events on its ship such as engine failure" we can guess what occurred. One thing we do know from the complaint, according to plaintiffs: no refunds.
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News
Comments Sought on Electronic Filing Rules in State Court
Comments are being sought on proposed amendments to rules governing electronic filing in Massachusetts state courts. Several pilot programs for electronic filing began in 2015 and 2016 with interim rules. Those pilot programs have now concluded, necessitating
amendments to the interim rules. Comments are due by May 31, 2017.
Governor's Council to Hold Confirmation Hearings for Two Superior Court Associate Justice Nominees This Week
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Blog, Blog, Blog . . .
3/31/17 - Book of the Day: General Principles of Law and International Due Process
3/29/17 - Kvetch of the Day: The FSIA and the Clerks
IP Update
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Sunstein Kann Murphy & Timbers LLP
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3/20/17 - Expanding the Reach of Pharmaceutical Patents: Generic Manufacturer Held Liable for Inducing Infringement by Physicians and Patients
4/3/17 - Court Issues Temporary Restraining Order Against Invention Patenting and Promotion Company for Unfair and Deceptive Trade Practices
3/28/17 - A Hefty False Advertising Case: When the Competition Calls You Wimpy
TTABlog
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Wolf Greenfield & Sacks
)
4/3/17 - Precedential No. 5: TTAB Rejects Untimely, Fee-less Paper Opposition Filed Sans Petition to Director
3/31/17 - TTAB Quarterly Index: January-March 2017
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