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| Care & Prot. of Orazio, No. 06-P-601,
APPEALS COURT OF MASSACHUSETTS, February 13, 2007, Decided
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Overview: In an action pursuant to Mass. Gen. Laws ch. 119, § 24, the trial court erred in bypassing a 72 hour temporary custody hearing and holding a trial on the merits, as the mother and children were deprived of meaningful notice of the nature of the proceeding, and of a meaningful opportunity to participate in the litigation.
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| Fox Boston Seaport Land, LLC v. Mass. Bay Transp. Auth., Docket Number: 06-3475-BLS2,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, February 13, 2007, Decided
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Overview: Arbitrator had authority to reconsider his arbitration award, eliminate a credit for replacement parking that he had granted, and increase amount that the successor-in-interest would have to pay to transportation authority by a specified sum, as parties authorized arbitrator to make such modifications and award had not yet been made final.
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| Hilti, Inc. v. HML Dev. Corp., Opinion No.: 97271, Docket Number: 98-01029-B,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, February 13, 2007, Filed
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Overview: Receiver was replaced as he failed to, inter alia, timely liquidate assets and make prompt payment to creditors, adequately scrutinize questionable request for payment of fees by creditor's attorney, ask court for permission to hire attorneys to assist, and provide detailed inventory of possessed property or property as to which receiver had right.
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| Karty v. Mid-America Energy Co., Opinion No.: 97257, Docket Number: 06-2662,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, February 13, 2007, Decided
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Overview: A forum selection clause in a contract between an investor and a company was enforced because the investor did not say (1) he did not understand his transaction with the company, (2) he would not have signed the agreement had he known disputes would be resolved in Kentucky, and (3) the company knew that he could not afford to litigate in Kentucky.
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| Sheriff of Suffolk County v. AFSCME Council 93, Local 419, No. 05-P-1584,
APPEALS COURT OF MASSACHUSETTS, February 13, 2007, Decided
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Overview: Trial court erred in vacating pursuant to Mass. Gen. Laws ch. 150C, § 11, an arbitration award which ordered a sheriff to reinstate a correction officer, because the issue of the interpretation of an attendance policy was within the authority of the arbitrator, and the arbitrator focused on the correct language in deciding the issue.
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| Wong v. Boston Ret. Bd., SJC-09858,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, February 13, 2007, Decided
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