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| Rostanzo v. Rostanzo, Docket Number: 06-0265,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, January 3, 2007, Decided
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Overview: Because a widow was entitled to a portion of the decedent's estate, and because an alleged oral agreement between a widow and the decedent was legal and was separate from any action concerning the decedent's will, the widow's claim of quantum meruit was not barred by collateral estoppel.
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| Wenger v. Aceto, Docket Number: 06-1191,
SUPERIOR COURT OF MASSACHUSETTS, AT NORFOLK, January 3, 2007, Filed
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Overview: Attorney's special motion to dismiss abuse of process and malicious process counts in complaint under Anti-SLAPP statute was denied as attorney's application for criminal complaint was not supported since check upon which larceny charge under Mass. Gen. Laws ch. 266, § 37 was based was given to attorney for past services.
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| Boothroyd v. Bogartz, No. 05-P-1665,
APPEALS COURT OF MASSACHUSETTS, January 4, 2007, Decided
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Overview: Trial court erred in finding that plaintiff had a prescriptive easement over an owner's property because plaintiff failed to meet the requirements of Mass. Gen. Laws ch. 187, § 2, as he failed to show that his use of trails over the property was sufficiently notorious and his use of the trails was intermittent and disjointed in time.
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| Fletcher v. Littleton, No. 05-P-1194,
APPEALS COURT OF MASSACHUSETTS, January 4, 2007, Decided
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Overview: Trial court properly entered judgment in favor of the owner of a home in plaintiffs' action alleging a breach of the implied warranty of habitability, as the owner did not know of the danger arising from antiquated wiring in the home that caused a fire and the wiring did not violate any of the state codes cited by plaintiffs.
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| Lowell Cent. Elec. Co. v. Transfiguration Greek Orthodox Church, Opinion No.: 97426, Docket Number: 2004-2777-H,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, January 4, 2007, Decided
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Overview: When a contractor's work for a church exceeded their contract, the church had to pay for (1) fire alarm system work within the contract amount, (2) extra fixtures the church required, and (3) materials associated with the extra work, but no reliable evidence showed that the contractor was entitled to more than double the contract amount for labor.
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| Nat'l Grid USA v. TransCanada Power Mktg., No. 05-P-1608,
APPEALS COURT OF MASSACHUSETTS, January 4, 2007, Decided
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Overview: In a dispute between an energy wholesaler and a distributer, neither an arbitration panel nor a trial court exceeded their authority with regard to allocating the disputed costs between the parties, and the wholesaler's attempt to relitigate the defining term of downstream costs failed on appeal since the terms were not disputed earlier.
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| Orcutt v. Bd. of Health for the Town of Webster, Docket Number: 05-2122,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, January 4, 2007, Decided , January 4, 2007, Filed
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Overview: A town and a board of health properly ordered property owners to connect to a public sewer system because, inter alia, the board reasonably classified the property as land abutting a public way with a common sewer within the meaning of Mass. Gen. Laws ch. 83, § 11, and they did not have the benefit of a variance granted to their predecessor.
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| Plastics Color & Compounding, Inc. v. Coz, Docket Numbers: 99-1152B, 01-2647B,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, January 4, 2007, Filed
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Overview: Mass. R.Civ.P. 37(a)(4) sanctions were awarded against a corporation based on its postjudgment motion to compel interrogatory answers relating to defendant's assets, including pension and retirement accounts, because defendant had already offered to stipulate to attachment of his real estate and to injunctive relief as to his security holdings.
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| Spartaro v. Commonwealth, Docket Number: ESCV-2004-02281,
SUPERIOR COURT OF MASSACHUSETTS, AT ESSEX, January 4, 2007, Decided , January 4, 2007, Filed
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Overview: Because plaintiff asserted that Massachusetts Department of Social Services (DSS) employees acting within the scope of their employment engaged in alleged tortious conduct, her claim against DSS for invasion of privacy in violation of Mass. Gen. Laws ch. 214, § 1B, was barred by the Massachusetts Tort Claims Act, Mass. Gen. Laws ch. 258.
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