G.S. Enterprises v. Falmouth Marine

In the circumstances of a civil action, the defendant's waiver of the attorney-client privilege and proffer of documents and
materials with respect to an advice-of-counsel defense was not so late as to prejudice the plaintiff or to preclude the Judge
from relying on the materials supporting the defense to decide a motion for summary judgment. [269-272] In an action for intentional interference with contractual relations and violation of G. L. c. 93A, the Judge incorrectly
ordered summary judgment for the defendant where genuine disputes remained for resolution by a jury with respect to the defendant's
motive in filing a lawsuit against the plaintiff that interfered with the plaintiff's performance of a contract with a third
party [272-275], where material facts remained for resolution with respect to the elements of good faith and full disclosure
in the advice-of-counsel defense on which the defendant relied [275-276], and where a question of fact remained whether the
plaintiff had sustained damages due to the defendant's actions [276-277].