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| Care & Prot. of Sharlene, SJC-09629,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, January 17, 2006, Decided
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Overview: Denial of a step-father's motion, pursuant to Mass. Gen. Laws ch. 211, § 3, seeking a declaration as a de facto parent of a child, was affirmed because the child was in an irreversible vegetative state due to injuries inflicted by the step-father and he had no standing to participate in the decision to withdraw the child's life support.
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| Chervin v. Travelers Ins. Co., No. 04-P-1315,
APPEALS COURT OF MASSACHUSETTS, January 17, 2006, Decided
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Overview: Trial court properly granted summary judgment to an insurer, in a malicious prosecution suit filed against it by a doctor, as it had a proper purpose in pursuing its subrogation claims, despite the fact that the appeals court found three elements of an advice of counsel defense which remained as open factual questions.
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| Classic Suites & Inns, Inc. v. McCormick, Docket Number: 04-2416A,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, January 17, 2006, Filed
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Overview: Owner's motel permit was suspended for violating town's motel regulations. The regulations did not violate the Massachusetts Home Rule Amendment, Mass. Const. amend. art. II, § 6; as they were not inconsistent with state's constitution or legislation, the town's board of selectmen did not exceed its authority in adopting them.
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| Commonwealth v. Osborne, SJC-09448,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, January 17, 2006, Decided
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Overview: The absence of a written waiver of the right to a jury trial contravened a bright line rule and rendered defendant's oral waiver of a jury trial invalid. A waiver obtained without observing both requirements was ineffective, and defendant's conviction was reversed.
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| Commonwealth v. Peterson, SJC-09482,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, January 17, 2006, Decided
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Overview: Since Mas. Gen. Laws ch. 263, § 4A, did not require that a waiver be in writing, and the waiver, which was given orally after an extensive colloquy, was made voluntarily and intelligently, proceeding by way of complaint did not render defendant's trial invalid.
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| Currier v. Bd. of Selectmen of Sutton, Docket Number: 2005-01682-B,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, January 17, 2006, Decided , January 17, 2006, Filed
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Overview: Preliminary injunction requiring town to continue paying firefigher under Mass. Gen. Laws ch. 41, § 111F was continued where firefighter was incapacitated for duty based on physicians' opinions, colleagues' observations, and the physical nature of his employment.
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| Hershenow v. Enter. Rent-A-Car Co. of Boston, SJC-09359,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, January 17, 2006, Decided
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Overview: In an action filed under Mass. Gen. Laws ch. 93A, § 9(1) by two consumers against a rental car agency regarding the latter's collision damage waiver provision in its form rental contract, the agency was properly granted summary judgment as the consumers failed to satisfy the causation requirements of the statute to permit recovery thereunder.
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| O. Ahlborg & Sons, Inc. v. Mass. Heavy Indus., No. 04-P-608,
APPEALS COURT OF MASSACHUSETTS, January 17, 2006, Decided
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Overview: Trial court properly granted a subcontractor's motion to enter a final judgment on a subcontractor's motion to confirm an arbitrator's award pursuant to Mass. Gen. Laws ch. 251, § 11, as an engineer's report constituted an arbitrator's award pursuant to the terms of the contract between the parties.
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| Reynolds v. Williston Northhampton Sch., Docket Number: 03-278,
SUPERIOR COURT OF MASSACHUSETTS, AT HAMPSHIRE, January 17, 2006, Decided
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Overview: Tax-exempt school's motion for partial summary judgment in negligence suit was granted as Mass. Gen. Laws ch. 231, § 85K limited any damages injured party could recover to $ 20,000; school's renting its ice rink to ice hockey team and other groups was not entirely disconnected from its charitable purpose and was not primarily commercial in nature.
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| Roberts v. Enter. Rent-A-Car Co. of Boston, SJC-09660,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, January 17, 2006, Decided
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Overview: A car rental company was properly granted a motion for summary judgment in a renter's action alleging improper compliance with requirements of 1/2 1/2 1/2 Mass. Gen. Laws ch. 90, § 32E 1/2 regarding collision damage waivers (CDW) because the renter never suffered an injury under Mass. Gen. Laws ch. 93A, § 9 as he did not purchase a CDW.
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