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| Aggregate Indus. Northeast Region, Inc. v. Mass Paving, Inc., Docket Number: 05-2715,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, February 1, 2006, Decided
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Overview: Where a preliminary injunction was issued and attachment secured after a debtor contractor had already made a valid assignment by a joint check agreement of its rights to the proceeds of another contract, pursuant to Mass. Gen. Laws ch. 214, § 3(6) assignee had a superior secured interest in the money owed to the contractor under assigned contract.
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| Citizens Bank v. Milligan, Docket Number: 05-0104,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, February 1, 2006, Filed
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Overview: Because a modification of a sealed agreement by an unsealed agreement did not change the terms or obligations of the original contract, a bank's action to enforce a guaranty was subject to the twenty-year statute of limitations under Mass. Gen. Laws ch. 260, § 1, not the six-year statute of limitations under Mass. Gen. Laws ch. 260, § 2.
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| Commonwealth v. Cruz-Diaz, Docket Number: 05-13,
SUPERIOR COURT OF MASSACHUSETTS, AT NORFOLK, February 1, 2006, Filed
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Overview: Motion to suppress was allowed as search of closed container in vehicle violated Fourth Amendment and Mass. Const. Decl. Rights art. XII because officer had dealt with defendant's traffic violations by obtaining valid driver's license and had found nothing else amiss. Officer did not have reasonable suspicion of criminal activity to justify search.
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| Creedon v. Middlesex House of Corr., Docket Number: 04-3914,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, February 1, 2006, Decided
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Overview: Where inmate was injured by another inmate, even if correctional institution failed to show there was an absence of a triable issue of material fact on any one element necessary to support the injured inmate's negligence claim, the institution was still immune from liability under Mass. Gen. Laws ch. 258, § 10(j) and entitled to summary judgment.
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| HealthSouth Corp. v. HRES1Props. Trust, Docket Number: 04-4345,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, February 1, 2006, Filed
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Overview: Because the undisputed facts showed that a tenant defaulted on its lease obligations with the landlord and no novel legal issues were raised on appeal, the tenant had no reasonable likelihood of prevailing on its appeal; consequently, the remedy of a stay was unwarranted.
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| Ziemba v. Donovan, Docket Number: 04-00648,
SUPERIOR COURT OF MASSACHUSETTS, AT BARNSTABLE, February 1, 2006, Decided
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Overview: Where there was substantial evidence to support a town board of selectmen's finding that a shellfishing permit holder committed violations of the town shellfishing policy and regulations and that he engaged in a pattern of abuse, the decision to suspend his shellfishing license for 14 days was affirmed.
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