Articles Posted in Litigation

The Dedham Board of Selectmen have said no to a Hooters restaurant.

The board voted unanimously to deny the controversial restaurant a liquor license transfer from Summer Shack, the establishment that previously operated at the proposed location.

Prior to the vote, Selectman Dennis Teehan said the overwhelming opposition was among the reasons for the vote against Hooters.

The UPI reports that a New Jersey man has hired a lawyer for the potential fight over the planned name of his new bar — Buck Foston’s.

Larry Blatterfein of New Brunswick, a lifelong New York Yankees fan, said the name is “all in fun” and designed to “engender an emotional response,” the Boston Herald reported this week.

However, Blatterfein says that Mayor Jim Cahill, an avowed Red Sox fan, is attempting to prevent the name by withholding a liquor license.

Mass. Lawyers Weekly reports that a Boston nightclub could not be indemnified for a patron’s injuries because it failed to present evidence that the man showed visible signs of intoxication earlier in the evening at a Chinese restaurant, a Superior Court judge has ruled.

The plaintiff nightclub, Felt Enterprises, argued that because defendant Chau Chow II did not monitor how much alcohol it served the patron, the Chinatown restaurant was liable under the “mode of operations” test announced by the Supreme Judicial Court in its landmark 2007 Sheehan v. Roche Bros. decision.

Even though the plaintiff in Sheehan could not establish how long a piece of food had been on the floor before it caused a slip and fall, SJC Chief Justice Roderick L. Ireland held, in an issue of first impression, that the store owner who created the foreseeably dangerous condition could still be held responsible.

The Boston Globe reports that Massachusetts’ top federal judge, Mark Wolf, has said that Boston City Council’s authority to oust Chuck Turner from office last month following the councilor’s conviction for accepting a bribe is legally uncertain, and Turner’s lawsuit to regain his seat might be turned over to the state courts.

Wolf ordered lawyers representing Turner and the city to submit their recommendations as to where the case should be decided by noon Friday.

Wolf is treading carefully because he said the question of whether the council has the legal authority to remove an incumbent has never before been decided in Massachusetts.

After denying the transfer of a liquor license to a Shrewsbury man partly because of his character, the Northboro Board of Selectmen has approved the license transfer, but with conditions, reported the Worcester Telegram. The Board’s decision follows an ABCC reversal of the Board’s earlier decision to deny the license.

In March, the board denied the license transfer for Celtic Tavern, a Route 9 eatery, to Christopher J. Muello, sole owner of CJ Restaurant Enterprises. Muello appealed to the Alcoholic Beverages Control Commission. Following a hearing in June, the ABCC in September sided with Muello and decided the license transfer should be approved.

The Board of Selectmen then appealed the ABCC decision in Superior Court, but also asked town counsel to seek a settlement with Mr. Muello, the Telegram reported.

Federal Magistrate Judge Collings has denied the Beer Republic Brewing Company’s request for an injunction against the Central City Brewing Company. Beer Republic contended that Central City’s “RED RACER” mark infringed upon Plaintiff’s “RACER 5” and “RED ROCKET” marks. Judge Collings found that as to Red Rocket, the Plaintiff has not shown similarity of marks, actual confusion, subjective intent, or strength of marks. As to Racer 5, Plaintiff has failed to establish that the marks of confusingly similar, which the Court called a factor of “utmost importance” in a likelihood of confusion analysis.

Judge Collings ruled that the public interest is best served by “fair competition in the marketplace.”

The case is Civil Action No. 10-10118-RBC.