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| Balyozian v. City of Somerville, Opinion No.: 97425, Docket Number: 05-02707,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, January 12, 2007, Decided
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Overview: Had auctioneer earned a commission under his contract with a city, the contract price would have exceeded $25,000; therefore, it was subject to the competitive sealed bidding processes of Mass. Gen. Laws ch. 30B, § 5. As the city did not engage in these processes, the contract was unenforceable and the auctioneer's breach of contract suit failed.
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| Cohen v. Commonwealth, SJC-09864,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, January 12, 2007, Decided
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Overview: Single justice properly denied relief under Mass. Gen. Laws ch. 211, § 3 for defendant's allegation of improper joinder of offenses for trial under Mass.R.Crim.P. 9(a) because defendant failed to set forth reasons, pursuant to Mass. Sup. Jud. Ct. R. 2, § 21(2), why review could not adequately be obtained on appeal of a final adverse judgment.
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| Commonwealth v. Childs, Opinion No.: 97652, Docket Number: 06-381,
SUPERIOR COURT OF MASSACHUSETTS, AT NORFOLK, January 12, 2007, Filed
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Overview: Where defendant was released pursuant to Mass. Gen. Laws ch. 276, §§ 58A or 87, his release was revoked and he was held without bail because there was corroborated evidence that he solicited a former jail cell mate to murder his former girlfriend, and his conduct gave rise to a rebuttable presumption of dangerousness which he did not rebut.
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| Commonwealth v. Delgado, Docket Number: 06-1677,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, January 12, 2007, Decided
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Overview: Although an inmate was likely to engage in further exhibitionism and other sexual offenses if not confined, the inmate would not be committed to a treatment center under Mass. Gen. Laws ch. 123A, § 14(d) if his counsel moved for a revision to the inmate's probation sentence to require him to continue to attend sexual offender treatment.
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| Commonwealth v. Gallagher, No. 06-P-529,
APPEALS COURT OF MASSACHUSETTS, January 12, 2007, Decided
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Overview: Evidence seized pursuant to search warrant was improperly suppressed because information recited in officer's affidavit established probable cause for warrant in that defendant's routine of leaving from and returning to apartment for controlled buys demonstrated a pattern of drug dealing consistent with drug delivery service outlined in affidavit.
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| Cronin v. Teamsters Union Local 25, Int'l Bhd. of Teamsters, Opinion No.: 96944, Docket Number: 04-1132-B,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, January 12, 2007, Filed
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Overview: Union and editor's summary judgment motion was denied as to union member's invasion of privacy claim under Mass. Gen. Laws ch. 214, § 1B, as member was private individual, and there was no public interest served by disclosure of his pension information. Whether disclosure violated member's right to privacy was fact issue for jury.
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| In re Estate of Lunt, SJC-09574,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, January 12, 2007, Decided
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Overview: Even though an executor/trustee did not file documents stating that the parties assented to the underlying facts, reformation of trust was permitted to minimize consequences of generation skipping transfer tax because the nature of the reformation was relatively innocuous and there was evidence of the settlor's intent to minimize tax consequences.
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| Perroncello v. Donahue, SJC-09661,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, January 12, 2007, Decided
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Overview: Because a seller was not entitled to liquidated damages after obtaining specific performance, the appellate court properly granted summary judgment to the buyer on the seller's counterclaim for liquidated damages under the contract.
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| Ventresca v. Town Manager, No. 05-P-1470,
APPEALS COURT OF MASSACHUSETTS, January 12, 2007, Decided
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Overview: Even though town police chief and manager behaved badly pursuant to plaintiff's complaint under the Public Records Act, where trial court did not find them in contempt under Mass.R.Civ.P. 65.3, there was no authority to award attorney's fees to plaintiff in his contempt proceeding because he was not the prevailing party.
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