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| Bovarnick v. Fleet Nat'l Bank, No. 05-P-151,
APPEALS COURT OF MASSACHUSETTS, January 9, 2006, Decided
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Overview: Trial court properly granted summary judgment to bank on claims that its failure to redeem two bank certificates, evidenced by passbooks, was in breach of contract and a violation of Mass. Gen. Law ch. 93A; bank certificates were not covered by earlier version of the UCC, and no question of material fact existed about Mass. Gen. Law ch. 93A claim.
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| City of Lowell v. Mass. Comm'n Against Discrimination, No. 03-P-755,
APPEALS COURT OF MASSACHUSETTS, January 9, 2006, Decided
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Overview: Plaintiff in a sex discrimination case, although she failed to request appellate attorney's fees in her appellate brief, was permitted to submit a petition for appellate attorney's fees pursuant to Mass. Gen. Laws ch. 151B, § 9 based on the court's discretionary authority to allow such a request despite plaintiff's waiver of entitlement.
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| Commonwealth v. Mullane, SJC-09527,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, January 9, 2006, Decided
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Overview: Trial court properly found defendant guilty of owning, or assisting in the management or control of, a place for unlawful sexual intercourse, Mass. Gen. Laws ch. 272, § 6, and keeping a house of ill fame, Mass. Gen. Laws ch. 272, § 24, as the evidence indicated that defendant allowed prostitutes to operate in a massage center owned by defendant.
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| Hurrie v. Kelly, Docket Number: 04-00085,
SUPERIOR COURT OF MASSACHUSETTS, AT BARNSTABLE, January 9, 2006, Decided
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Overview: Under deferential review pursuant to Mass. Gen. Laws ch. 30A, § 14(7), court could find nothing unreasonable in Veteran's Services Commissioner's determination that in order to carry out Mass. Gen. Laws ch. 115, § 2 responsibilities, agency had to receive veteran's signed form authorizing information release.
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| Lippis v. Gionfriddo, Docket Number: BACV 04-70,
SUPERIOR COURT OF MASSACHUSETTS, AT BARNSTABLE, January 9, 2006, Decided
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Overview: Landowners' property was a lawful, preexisting, nonconforming structure and the proper permit was the special permit, not a variance as suggested by the neighbors; the granting of a special permit would not result in a substantial detriment to the neighborhood.
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| McCue v. P. Gioioso & Sons, Inc., Docket Number: 04-255,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, January 9, 2006, Decided
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Overview: Summary judgment was granted to general contractor because, while pedestrian alleged that contractor negligently failed to erect signs warning motorists of traffic light, pedestrian had not offered any expert testimony to establish the applicable standard of care and had not proven that his accident was foreseeable result of failure to erect signs.
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| Tronic v. Bd. of Bar Overseers of the Supreme Judicial Court of Mass., Docket Number: 05-1794C,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, January 9, 2006, Decided
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Overview: Since a former client acknowledged that he had no right to judicial review of the Board of Bar Overseers' decision, the doctrine of absolute immunity applied to the Board by virtue of Mass Sup. Jud. Ct. R. 4:01, § 9(3), and the claim was time barred under Mass. Gen. Laws ch. 60, § 3A, the claims for injunctive relief and damages were dismissed.
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