Quimbee logo
DMCA.com Protection Status
From our private database of 18,400+ case briefs...

Erwin v. McDermott

United States District Court for the District of Massachusetts
284 F.R.D. 40 (2012)


On August 9, 2008, Dustin Erwin (plaintiff) attended a bachelor party at the Foxy Lady, a nightclub. Erwin was asked to leave and as he was doing so got into a physical altercation with a security guard. On July 26, 2011, Erwin brought suit for excessive force against The Foxy Lady Corporation (defendant), believing the corporation to be the owner of the nightclub. Attorney David Berman was hired to represent The Foxy Lady Corporation. The Foxy Lady Corporation filed a motion to dismiss, claiming that it was not vicariously liable for the actions of the security guard. Subsequently, in January 2012, The Foxy Lady Corporation filed a motion for summary judgment, claiming for the first time that Frank’s of Brockton, Inc. (Frank’s) (defendant) was the real owner of the Foxy Lady nightclub. Erwin filed a motion to amend his complaint to substitute Frank’s for The Foxy Lady Corporation as a defendant. Berman, now representing Frank’s, filed an opposition to Erwin’s motion on the grounds that the motion was filed after the statute of limitations had expired as to a claim against Frank’s.

Rule of Law


Holding and Reasoning (Gorton, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 496,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 496,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,400 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial