J. & J. ENTERPRISES, INC. v. Martignetti

How courts have described this case

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

• “Assuming, without deciding, that judicial action in the present cases should await further administrative action, we think dismissal of the actions was not the proper remedy, since a stay would . . . avoid possible unfair prejudice to the plaintiffs’ rights”
• cf. Gordon v. Hardware Mut. Cas. Co., 361 Mass. 582, 587-588 [1972]; Ricci v. Chicago Mercantile Exch., 409 U.S. 289 [1973]
• stay of court proceedings in c. 93A action appropriate pending administrative action in matter involving agency’s expertise
• when “dismissal may give rise to serious problems in the application of the statute of limitations,” in such cases “the proper course may be to stay the action instead of dismissing it”
• statute authorizing Alcoholic Beverages Control Commission to impose fine did not create exclusive remedy that would bar court from awarding damages, injunctive relief and other relief under c. 93A
• exhaustion policy is similar to that precluding premature interference with a pending criminal proceeding

Source: CourtListener parenthetical corpus (CC0).