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| Commonwealth v. Hampton, Opinion No.: 96808, Docket Number: 06-021,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, January 2, 2007, Decided , January 2, 2007, Filed
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Overview: Based on officers' experience, the high drug crime location of the activity, the furtive storage of items in defendant's waistband, the arrest of one of the participants for drug violations, experience with all the men in drug investigations, and the throwing away of an object when they approached, police had probable cause to arrest defendant.
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| Costantini v. S. Water Constr., LLC, Opinion No.: 96803, Docket Number: 06-1714B,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, January 2, 2007, Filed
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Overview: Judgment was entered for defendants because counsel for plaintiff two managers of two LLCs obfuscated pleadings by filing complaint designating LLCs as Mass. R.Civ.P. 19 defendants, and then filing amended complaint designating LLCs as Rule 19 parties that they represented. Counsel could not convert Rule 19 defendants into de facto plaintiffs.
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| Gencarelli v. City of Worcester, Opinion No.: 96969, Docket Number: 2006-02442B,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, January 2, 2007, Filed
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Overview: Owner's motion for preliminary injunction preventing City from demolishing property was allowed as City failed to provide proper notice to owner in original condemnation order that property could be subjected to demolition under Mass. Gen. Laws ch. 111, § 127B, and owner had complied with original condemnation order.
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| In re Grossman, SJC-09658,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, January 2, 2007, Decided
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Overview: Presumptive sanction for attorney's misappropriation of client funds -- indefinite suspension -- was properly imposed, as eight-year delay in prosecuting her misconduct was not mitigating factor warranting lesser sanction, since she did not prove that the delay substantially prejudiced defense, or provide evidence of resulting public opprobrium.
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| Kleinerman v. Applied Fiberoptics, Inc., Opinion No.: 96955, Docket Number: 98-02804B,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, January 2, 2007, Filed
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Overview: Corporation's Mass. R.Civ.P. 59 motion for a new trial in an engineer's breach of contract case against it was granted under circumstances in which a reasonable jury could not have concluded that the engineer adequately performed his obligations under the agreement. Additionally, there was an error in the verdict slip.
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| Lampert, Hausler, Rodman, P.C. v. Gallant, Opinion No.: 96547, Docket Number: 03-1977 BLS1,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, January 2, 2007, Decided
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Overview: Where trial court's judgment in favor of defendant on a breach of fiduciary duty claim was reversed and the case was remanded for recalculation of plaintiff's damages, as it was evident that the appeals court was not directing a new trial, defendant's post-remand motion for JNOV or a new trial on liability was inappropriate and was stricken.
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| Mass. Mut. Life Ins. Co. v. O'Connell, Docket Number: 06-4379 BLS1,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, January 2, 2007, Decided
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Overview: Arbitration award in an employment dispute had to be confirmed because whether the employee's actions constituted a breach of fiduciary duty, as opposed to a breach of his employment agreement, was for the arbitrators to decide; there was no basis for the court to warrant vacating the award.
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| PDC-El Paso Meriden, LLC v. Alstom Power, Inc., Docket Number: 99-6016 BLS,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, January 2, 2007, Decided
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Overview: Defendants' motions for attorneys fees and costs pursuant to Mass. Gen. Laws ch. 231, § 6F, were denied because plaintiffs' breach of contract claims were not wholly insubstantial and frivolous and had a substantial basis in fact and law, as plaintiffs presented evidence which could have established the existence of a contract.
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| Town of Oxford v. Civil Serv. Comm'n, Opinion No.: 96968, Docket Number: 05-1740-B,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, January 2, 2007, Decided , January 2, 2007, Filed
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Overview: Massachusetts Civil Service Commission's affirmance of hearing officer's (HO) decision was arbitrary under Mass. Gen. Laws ch. 30A, § 14(7)(g) as HO rejected candidate's negative references as unreliable. There was no evidence supporting HO's finding of personal or political favoritism for lower candidate or against candidate.
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