News & Views
News & Views
Rory FitzPatrick and Jesse G. Ainlay obtain summary judgment for telecommunications client on the eve of trial in a case pending in the United States District Court for the District of Massachusetts.
On October 15, 2018, the United States District Court for the District of Massachusetts awarded summary judgment to EarthLink Business LLC, a national network and communications provider, on all five counts of Plaintiff’s Amended Complaint in the matter of Kahn, Litwin, Renza & Co., Ltd, v. EarthLink Business, LLC, Civil Action # 16-11126-NMG. EarthLink was represented in this matter by firm partner Rory FitzPatrick and associate Jesse G. Ainlay, who are both members of Cetrulo LLP’s office in Boston, Massachusetts.
The dispute arose out of an alleged breach of contract claim in which Kahn, Litwin, Renza & Co. (“KLR”) contended that EarthLink breached two contracts for the provision of data/internet and telephone services to KLR’s office in Waltham, Massachusetts. Specifically, KLR contended that it was improperly billed for services rendered by EarthLink beyond the contract period. KLR raised the following claims in its complaint: (1) breach of contract (Count I); (2) breach of the covenant of good faith and fair dealing (Count II); (3) negligent and/or intentional misrepresentation (Count III); unjust enrichment (Count IV), and; (5) unfair and deceptive practices under M.G.L. c 93A (Count V).
In a 17-page decision authored by Judge Nathaniel M. Gorton, the Court held, inter alia, that (1) the parties entered into valid, binding contracts, (2) EarthLink acted in good faith by continuing to provide the availability of services pursuant to the contracts, and (3) KLR failed to provide written notice of termination as required under the contracts. Moreover, the Court held that KLR had waived any breach of contract claim by failing to dispute any invoices during the period in dispute.