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| Commonwealth v. Murphy, No. 06-P-885,
APPEALS COURT OF MASSACHUSETTS, February 1, 2007, Decided
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Overview: Trial court properly dismissed indictment charging defendant with operating motor vehicle after suspension of license for operating under influence under Mass. Gen. Laws ch. 90, § 23, as defendant was issued hardship license, described in Mass. Gen. Laws ch. 90, § 24(1)(c)(3), as "a new license," and thus, Commonwealth could not prove violation.
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| Ksypka v. Cox, Opinion No.: 97054, Docket Number: 05-00820,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, February 1, 2007, Decided
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Overview: Because nothing in the record showed that the first aid services actually rendered at the scene were performed in a negligent manner, and because the emergency exception to the doctrine of informed consent applied, an executor's negligence and lack of informed consent claims against the emergency medical technicians were dismissed.
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| Ksypka v. Malden YMCA, Opinion No.: 97055, Docket Number: 03-4726,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, February 1, 2007, Decided
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Overview: Because an executrix's proposed expert testimony and other evidence gave her a sufficient toe hold to have her negligence-based claims presented to a jury, defendant's motion for summary judgment was denied; the executrix's lack of informed consent claim was not sustainable as it merged with the underlying negligence claim.
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| Petani v. TJX Cos., Opinion No.: 96953, Docket Number: 05-46-C,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, February 1, 2007, Filed
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Overview: As former employee admitted stealing difference between clearance price of employer's merchandise and full price refund, and her evidence was insufficient to establish that this was pretext for firing her, her claim she was terminated due to her hearing loss, in violation of Mass. Gen. Laws ch. 151B, did not survive motion for summary judgment.
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| Sheriff of Suffolk County v. Jail Officers, No. 03-P-1154,
APPEALS COURT OF MASSACHUSETTS, February 1, 2007, Decided
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Overview: Arbitrator's award reinstating a correctional officer did not violate public policy under Mass. Gen. Laws ch. 150C, § 11 since the officer's conduct in failing to file a report of an assault on a detainee, failing to cooperate with an investigation, and filing incomplete, misleading, or false reports did not compel termination.
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| Vespers Realty Advisors v. Binswanger Mgmt. Corp., Opinion No.: 97422, Docket Number: 04-4245 BLS2,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, February 1, 2007, Decided , February 1, 2007, Filed
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Overview: Because a defendant had implicitly agreed that referral disputes were to be decided fairly, all that it lost by a prior court decision was the power to have the disputes decided solely by itself; therefore, the defendants were not entitled to summary judgment on the issue of rendering the entire contract unenforceable.
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