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| Anderson v. SmartBargains, Inc., Docket Number: 03-5869E,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, January 10, 2006, Filed
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Overview: Defendants' summary judgment motion was denied on employee's age and sex discrimination claims under Mass. Gen. Laws ch. 151B as elimination of employee's position and refusal to let her take job as hard home buyer raised reasonable inference of unlawful discrimination. Employee showed that one of employer's reasons for terminating her was false.
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| Brown v. Hallisey, Docket No: 04-180,
SUPERIOR COURT OF MASSACHUSETTS, AT BARNSTABLE, January 10, 2006, Decided
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Overview: Where original court order had not specified how parties were to wind up their partnership, dissenting partner was not held in contempt for failing to cooperate with asset sale; instead, court appointed a receiver to assure that asset was properly sold.
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| C. Max, Inc. v. Cresta Constr., Inc., Docket Number: 2001-01983B,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, January 10, 2006, Filed
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Overview: Subcontractor was awarded damages and legal fees under Mass. Gen. Laws ch. 149, § 29 against the contractor and its surety on a public construction project bond because the contractor's failure to pay the subcontractor constituted a material breach of the subcontract, and subcontractor did not cause the delays and substantially completed its work.
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| Commonwealth v. O'Brian, SJC-09253,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, January 10, 2006, Decided
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Overview: Trial court did not err in finding that a detective's statements that, inter alia, a fatal shooting during a robbery could have been accidental, did not coerce defendant into confessing because detective did not promise lesser sentence and did not hold himself out as possessing authority to enter into plea with, or reduce charges for, defendant.
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| SORB Case No. 12925 v. Sex Offender Registry Bd., Docket Number: 2005-00029,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, January 10, 2006, Filed
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Overview: Decision of a hearing examiner and Sex Offender Registry Board to classify plaintiff as a Level 2 Sex Offender pursuant to Mass. Gen. Laws ch. 6, § 178K was rational, was not arbitrary or capricious, and was based on substantial evidence where plaintiff had not acknowledged that he did anything wrong and had not attended sex offender treatment.
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| Commonwealth v. LeClair, SJC-09487,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, January 11, 2006, Decided
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Overview: Because defendant's remarks and questions, and his equivocation about his need for counsel, brought the case within Bradshaw, any error in the admission of defendant's written statement was harmless; evidence of provocation by the victim's brother was insufficient to warrant a voluntary manslaughter instruction.
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| Covell v. Olsen, No. 04-P-330,
APPEALS COURT OF MASSACHUSETTS, January 11, 2006, Decided
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Overview: Because a mother had the right to control the result to be accomplished by her son's use of her vehicle and the means to accomplish that result, Mass. Gen. Laws ch. 231, § 85A created a presumption of the mother's liability for a motor vehicle accident that was not overcome by the summary judgment record.
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| Commonwealth v. Ranieri, No. 04-P-1298,
APPEALS COURT OF MASSACHUSETTS, January 12, 2006, Decided
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Overview: In hearing that defendant had initially refused to recite the alphabet as requested by the arresting officer, the jury could have drawn a negative inference, making it the equivalent of a statement that defendant had so much to drink that he knew he was unable to pass the test. This made it equivalent to improper compelled self-incrimination.
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