Former chairman’s lawsuit against MassGOP and party leaders dismissed
In a victory for the current leaders of the MassGOP and the state party itself, their motions to dismiss a lawsuit filed by an ousted former chairman over alleged wrongdoing by the party’s treasurer and new chairwoman were accepted by a Superior Court Judge on Tuesday, bringing a close — for now — to a years-long saga of Republican infighting.
The lawsuit, filed by former MassGOP Chairman Jim Lyons and 22 other party committee members against the party, Chairwoman Amy Carnevale, and party Treasurer Patrick Crowley, alleged “intentional interference with advantageous relations” against Crowley and breach of fiduciary duties against the chairwoman, treasurer, and the State Party after the dismissal of previous legal actions filed by the former chairman against the treasurer.
According to Superior Court Judge Christopher Barry-Smith, Lyons failed to follow the rules for filing his suit and couldn’t show that Carnevale or the MassGOP violated fiduciary responsibilities or even have a fiduciary obligation to their members.
“The plaintiff’s complaint is not verified by oath. In their opposition to the MassGOP’s motion to dismiss, the plaintiffs assert they filed ‘Affidavits of Verification’ with the derivative complaint,” the judge wrote.
“In fact, they did not,” Barry-Smith wrote.
Not meeting the former chairman’s expectations to continue his lawsuit — which ended following a vote from the party members and on the advice of counsel — “does not rise to the level of a breach of fiduciary duty” on Carnevale’s behalf, the judge wrote.
Finally, the judge notes, Lyons is the ex-chairman of the party and as such his thoughts no longer represent the “interests of the Committee members” who voted to dismiss the 2022 lawsuit.
“For the foregoing reasons, Crowley’s, Carnevale’s, and the MassGOP’s motions to dismiss are allowed, and this civil action will be dismissed,” Barry-Smith wrote.
In a letter sent to party committee members Tuesday afternoon, Carnevale celebrated the decision as a chance to “move the Republican Party forward with a focus on supporting candidates and winning elections.”
“Our goal should always be on bringing back a two-party government to the Commonwealth of Massachusetts, and litigation only serves to divert our party from that goal,” Carnevale wrote.
In the same letter, Carnevale took the opportunity to point out this isn’t the party’s only recent legal victory.
In proceedings over a separate lawsuit filed by Lyons in pursuit of allegedly missed wages, in which the former chairman seeks nearly six figures in damages, a judge said the MassGOP does not have to set aside the funds sought by Lyons, as “the plaintiff has not established a reasonable likelihood of success on the suit.”
“We look forward to putting this case behind us in the coming months as was the case with the derivative lawsuit,” Carnevale wrote.
Lyons’ 2022 suit, filed after Crowley apparently removed Lyons’ access to party bank accounts for several days, was dismissed last summer on the advice of outside legal counsel brought in by the MassGOP to help them sort through the financial mess caused by unresolved debts.
“It is my strong recommendation that the Committee agree to voluntarily dismiss this lawsuit in an exchange for an agreement by Mr. Crowley to drop his counterclaims,” Brian Kelly, a former federal prosecutor, wrote to the party committee. “There is no valid economic or legal reason for the Committee to continue to pursue this litigation.”
Reached by phone on Tuesday evening, Lyons declined to provide the Herald an on-the-record comment and did not say whether he would pursue other legal avenues.