DEREK LEE THOMAS v. BARNES LAND AND INVESTMENTS

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the Massachusetts long-arm statute pro- vides for jurisdiction over a non-resident personal rep- resentative when the decedent had sufficient contacts with the forum such that the decedent would have been subject to personal jurisdiction had he lived
• imposing a constructive trust on those benefiting from the decedent’s failure to abide by the terms of his divorce settlement agreement
• in resolving breach of contract issue, “looking] to factors such as those enumerated in Restatement (Second) of Conflicts of Laws”
• “The settlement agreement did not express a choice of law so we look to factors such as those enumerated in Restatement (Second) of Conflicts of Laws § 188(2).”
• trustee transacted business in Massachusetts by negotiating divorce settlement in Massachusetts court and funding trust with proceeds of sale of Massachusetts corporation
• breach of implied covenant of good faith and fair dealing does not require showing of bad faith; lack of good faith may be inferred by considering totality of circumstances

Source: CourtListener parenthetical corpus (CC0).