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Date: 06-17-2022

Case Style:

John L. Tocci and Michael J. Tooci

Case Number: SJC-13180

Judge: Helene Kazanjian

Court: Superior Court, Middlesex County, Massachusetts

Plaintiff's Attorney:



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Defendant's Attorney: Pro Se

Description: Newton, Massachusetts family law lawyer represented Plaintiff, who sued Defendant seeking a divorce and division of marital property.


This case arises out of a protracted dispute between family members in a closely held corporation over asserted conversions of corporate funds. The corporation and one of its shareholders brought suit against an officer, claiming that the officer diverted money from the corporation for the benefit of himself and his individually owned corporation. The jury found that the officer violated his fiduciary duties to the corporation and converted the corporation's assets for his own benefit, ultimately awarding $1 million in damages to the corporation. The corporation appealed, and the shareholder and the officer cross-appealed, each claiming error in the course of the jury trial, as well as in the judge's decisions on posttrial motions for additur, surcharge, and a new trial.

Outcome:
Accordingly, because the corporation here brought the action for its own benefit, the judge did not err in denying the plaintiff's request for surcharge. After carefully considering the parties' remaining arguments, we discern no error and therefore affirm the jury's verdict, the trial judge's decisions on the motions in limine during the jury trial, and the decisions on the posttrial motions for additur, surcharge, and a new trial.

Plaintiff's Experts:

Defendant's Experts:

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