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Contract Product Liability | Florida Middle
Order on Motion for Summary Judgment
ORDER: The Court dismisses without prejudice the claims: fraud or deceit in sale of personal property under Massachusetts General Laws Chapter 231, Section 85J (Count IV); and unfair or deceptive business practices under Massachusetts General Laws Chapter 93A, Section 11 (Count VII). Defendants Christopher Baumann and Sushant Gaur's 57 Unopposed Motion for Summary Judgment is granted. Summary judgment is granted in their favor and against Plaintiff Curley's Express, Inc. d/b/a JMC Food Equipment as to all claims asserted against them in their individual capacities. Defendant and Counter-Claimant Adeera iKraft, Inc.'s 55 Unopposed Motion for Summary Judgement is granted-in-part and denied-in-part. Summary judgment is granted in its favor and against Plaintiff Curley's Express, Inc. d/b/a JMC Food Equipment as to the claims: breach of contract (Count I); fraudulent inducement (Count II); fraud (Count III); breach of the implied warranty of merchantability (Count V); and promissory estoppel/detrimental reliance (Count VI). Summary judgment is granted in its favor and against Counter-Defendant Curley's Express, Inc. d/b/a JMC Food Equipment as to the counterclaims: breach of contract (Counterclaim I); fraudulent inducement (Counterclaim III); and fraud (Counterclaim IV). The Court finds liability has been established as to these counterclaims as a matter of law; however, the amount of damages remains. Summary judgment is denied as to the counterclaims: unjust enrichment (Counterclaim II); and violation of the FDUTPA (Counterclaim V). In light of this Order, leave is granted to Adeera iKraft to file, within fourteen (14) days, sworn proofs of final damages consistent with this Order. Sworn objections by Plaintiff, if any, would be due within ten (10) days thereafter. Failure to file sworn objections to same will be deemed a waiver as to damages. Signed by Judge William F. Jung on 7/27/2026. (BJL)
Other Statutory Actions | Massachusetts
Joint statement re scheduling conference
JOINT STATEMENT re scheduling conference . (Lovejoy, Taylor)
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