Loan Modification Group, Inc. v. Reed’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Dissolution occurs, among other things, “[b]y the expulsion of any partner from the business,” as happened here when Reed was excluded from LMG. Id. § 31(1)(d). Under Massachusetts law, upon dissolution of an at-will partnership, each partner “has the right to wind up the partnership affairs.” Id. § 37. “On dissolution the partnership is not terminated, but continues until the winding up of partnership affairs is completed.” Id. § 30. “Winding up” is “the process that occurs during the period following dissolution and preceding termination, during the course of which work in process is completed, partnership assets are sold, creditors are paid, and the business of the partnership is brought to an orderly close.” Anastos v. Sable, 443 Mass. 146 , 819 N.E.2d 587, 592 (Mass. 2004) (quoting Adams v. United States, 218 F.3d 383, 388 (5th Cir. 2000)). Each partner’s right to “wind up” includes “the right to an account of his interest” in the partnership, Mass. Gen. Laws ch. 108A, § 43, and the right to receive the payment of “the net amount due him from the partnership,” id. § 38.”

   2 later decisions quote this exact passage · from the majority
   e.g. 95 Mass. App. Ct. 202 - Chang v. Winklevoss · Reed v. Zak (In re Zak)

2. “[T]he jury could have easily concluded that LMG utilized Reed’s client database to operate its business, and that by continuing the business with the assets (customer base) that Reed contributed, LMG breached its duties and obligations to Reed. Where the partnership breaches its fiduciary duty by continuing the partnership business with partnership assets, but depriving the expelled partner of participation in the business, the expelled partner is entitled to “the net amount due him,” Mass. Gen. Laws ch. 108A, § 38, from the continuing partnership.”

   1 later decision quote this exact passage · from the majority
   e.g. Reed v. Zak (In re Zak)

3. “As to damages, the court stated that if the jury found the existence of an enforceable partnership and that a partner had breached the duties of that partner ship, it could award Reed “her share of the profits ... of the partnership from the date of the dissolution of the partnership until the date of the termination of the partnership or, if ... no such termination occurred, than [sic] the present.” J.A. 62.”

   1 later decision quote this exact passage · from the majority
   e.g. Reed v. Zak (In re Zak)