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| Adams v. Castelline, Opinion No.: 96751, Docket Number: 04-3845,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, January 16, 2007, Decided
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Overview: Although an inventor's right to leave his tools and machinery in a shed was questionable after the owner's death, the owner's son was not justified, and he acted unreasonably, in simply destroying them rather than causing them to be removed and stored in a warehouse.
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| Commonwealth v. Nolin, SJC-09465,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, January 16, 2007, Decided
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Overview: Because the evidence was sufficient to find that defendant murdered the victim with deliberate premeditation and with extreme atrocity or cruelty, and because any legal error at trial was either harmless or failed to create a substantial likelihood of a miscarriage of justice, the trial court properly denied defendant's request for a new trial.
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| D'Alessandro v. NIPMUC, Inc., Opinion No.: 96749, Docket Number: 06-1071,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, January 16, 2007, Decided
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Overview: An employee's claim of termination for consulting an attorney survived a Mass. R. Civ. P. 12(b)(6) motion to dismiss because she alleged protected activity, but a breach of contract claim was dismissed, as she was an at will employee. A false representation claim was time-barred, but conversion was adequately stated, because the law was unsettled.
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| Household Retail Servs. v. Comm'r of Revenue, SJC-09702,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, January 16, 2007, Decided
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Overview: That a taxpayer was vendors' assignee for purposes of receipt of consumer installment payments on goods and for debt collection on payment defaults did not make it a "vendor" for purposes of the bad debt statute, Mass. Gen. Laws ch. 64H, § 33; therefore, it was not entitled to reimbursement of sales tax on accounts later determined to be worthless.
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| Mass. Redemption Coalition, Inc. v. Sec'y of the Exec. Office of Envtl. Affairs, No. 05-P-1204,
APPEALS COURT OF MASSACHUSETTS, January 16, 2007, Decided
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Overview: Although certain inequities might exist in the bottle redemption process, the Secretary of the Executive Office of Environmental Affairs had the authority under Mass. Gen. Laws ch. 94, § 326 to make the specific regulations; thus, because the issue involved a political question, pursuant to Mass. Gen. Laws ch. 249, § 5, mandamus was inappropriate.
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| Cadle Co. v. Schlichtmann, SJC-09790,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, January 17, 2007, Decided
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Overview: Mass. Gen. Laws ch. 231, § 59H, did not entitle a lawyer to dismissal of a suit a collection company filed against him for, inter alia, maintaining a Web site containing statements allegedly defaming the company because it was clear that a purpose of the Web site was to generate business for the lawyer, as it urged potential clients to contact him.
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| Todino v. Town of Wellfleet, SJC-09766,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, January 17, 2007, Decided
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Overview: Court that awarded incapacitated police officer incapacity back pay under Mass. Gen. Laws ch. 41, § 111F, erred in denying her interest on award, even though § 111F did not expressly provide for it. In order to effectuate § 111F's purpose and make officer whole, waiver of town's sovereign immunity had to be implied as to the payment of interest.
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| Anbardar v. Svendbye, Docket Number: 2006-01374,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, January 18, 2007, Decided
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Overview: Corporate buyer was entitled to summary judgment on potential restaurant buyers's claim of intentional interference with business relations because the evidence submitted in opposition was a hearsay statement that the seller had talked to the corporate buyer about the seller's prior contract with the potential buyers.
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| Blackstone v. Cashman, SJC-09668,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, January 18, 2007, Decided
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Overview: A defending corporate official accused of interfering with the plaintiff's prospective continued employment with a company was entitled to an actual malice jury instruction as it was necessary for the jury to determine whether the corporate official's actions were of a spiteful, malignant purpose unrelated to a legitimate corporate interest.
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| Commonwealth v. Davidson, No. 05-P-1863.,
APPEALS COURT OF MASSACHUSETTS, January 18, 2007, Decided
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Overview: Conviction of indecent assault and battery on child under age of 14 under Mass. Gen. Laws ch. 265, § 13B was affirmed as child was legally incapable to consent under § 13B; nonconsensual affront to victim's personal integrity made child's touching of defendant's penis, when induced by defendant, offense, even though defendant did not do touching.
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