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| Commonwealth v. Walker, No. 05-P-1045,
APPEALS COURT OF MASSACHUSETTS, February 12, 2007, Decided
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Overview: As the evidence was sufficient to prove beyond a reasonable doubt that two defendants shared the intent to orally rape a victim, the trial court erred in entering an acquittal in favor of them under Mass. R. Crim. P. 25(b)(2) after the jury found them guilty of assault with intent to rape on a theory of joint venture.
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| DeRoche v. Mass. Comm'n Against Discrimination, Docket Numbers: 03-4218, 034288,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, February 12, 2007, Decided
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Overview: Motion for postjudgment interest as to prejudgment interest was denied, and a motion for postjudgment interest on attorneys fees and costs was allowed under Mass. Gen. Laws ch. 151B, §§ 5 and 6 from the date on which they became due because the denial of the parties' petitions for rehearing left unchanged their rights as to postjudgment interest.
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| Kirschning v. Constantino, Opinion No.: 97258, Docket Number: 04-1888,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, February 12, 2007, Decided
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Overview: Even if the information contained in an anonymous letter would have led plaintiffs to discover defendant driver's involvement in a fatal accident, the fact that police told plaintiffs not to get involved in the ongoing criminal investigation was a sufficient basis to deny defendants' motion to dismiss plaintiffs' wrongful death action.
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| McGrath v. McGrath, Opinion No.: 97260, Docket Number: 02-02753-H,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, February 12, 2007, Decided
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Overview: In a suit where defendants were found to have breached an investment contract, the motion to exclude all evidence concerning counterclaimants' investment history was denied as such evidence was relevant as to whether similar transactions were reasonably available to counterclaimants to mitigate their damages.
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| Miles v. Beneficial Mass., Inc., Docket Number: 2005-02371,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, February 12, 2007, Decided
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Overview: Finance company's summary judgment motion was denied regarding consumer's allegations of unauthorized line of credit as there was fact dispute as to whether they were filed within three years of date consumer learned of tortious conduct. Claim was not barred by the limitations statute under Mass. Gen. Laws ch. 260, § 2A.
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| Moot v. Dep't of Envtl. Prot., SJC-09774,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, February 12, 2007, Decided
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Overview: By enacting 310 Mass. Code Regs. § 9.04(2), which exempted all landlocked tidelands from licensing requirements of Mass. Gen. Laws ch. 91, § 18, Massachusetts Department of Environmental Protection relinquished its duty to ensure that all nonwater-dependent uses of filled tidelands served a "proper public purpose"; the regulation was thus invalid.
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| Nat'l Fin. Corp. v. SJD Ins. Agency, Inc., Docket Number: 06-3695,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, February 12, 2007, Decided
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Overview: Defendants' motion to dismiss plaintiff lender's action against them for lack of personal jurisdiction was granted because, absent any other contacts, defendants' intentional misrepresentation arising from communications initiated by the resident lender was insufficiently purposeful and voluntary to comport with due process requirements.
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| Thomka v. Mass. Interscholastic Ath. Ass'n, Docket Number: 05-1028,
SUPERIOR COURT OF MASSACHUSETTS, AT HAMPDEN, February 12, 2007, Filed
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Overview: Superior court entered a declaration that a rule of the Massachusetts Interstate Athletic Association discriminated on the basis of sex and violated the Massachusetts Equal Rights Amendment, Mass. Const. Decl. Rights art. I, as amended Mass. Const. amend. art. 106, because of the absence of an opportunity to compete for female student golfers.
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| Town of Marion v. Mass. Hous. Fin. Agency, No. 05-P-1848,
APPEALS COURT OF MASSACHUSETTS, February 12, 2007, Decided
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Overview: In an action involving the proposed construction of a Mass. Gen. Laws ch. 40B, §§ 20-23 affordable housing project, a town was not entitled to declaratory relief regarding an eligibility determination made by a state agency which was the subject of a pending administrative appeal; the town had not exhausted its administrative remedies.
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