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| DuPont v. Comm'r of Corr., SJC-09597,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, February 23, 2007, Decided
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Overview: The Commissioner of Correction and others were entitled to summary judgment on a prisoner's equal protection claim arising from his contention that certain punishments were selectively applied to a male prison and not to a female prison because the prisoner was not able to show that he was similarly situated to those at the female prison.
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| Fronk v. Fowler, Opinion No.: 97598, Docket Number: 02-1216,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, February 23, 2007, Decided
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Overview: In a suit alleging breach of a partnership agreement, defendants were awarded attorneys fees and costs, pursuant to Mass. Gen. Laws ch. 261 and Mass. Gen. Laws ch. 231, § 6F, since the suit was complex, long, and plaintiffs had insisted upon a jury trial up until one day before trial rendering defendants' jury-related preparation meaningless.
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| General Mech. Contrs., Inc. v. CTA Constr. Co., Opinion No.: 97573, Docket Number: 05-04894,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, February 23, 2007, Filed
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Overview: General contractor was entitled to summary judgment on a subcontractor's action seeking reimbursement of surety bonds because, under Mass. Gen. Laws ch. 149, § 44, the responsibility for the payment of the surety bonds on public construction projects was on the filed, pre-qualified, sub-bidders on the projects.
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| Longval v. Comm'r of Corr., SJC-09675,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, February 23, 2007, Decided
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Overview: Prison officials were entitled to qualified immunity with respect to prisoner claims for damages resulting from their segregation without being afforded due process procedures under 103 Mass. Code Regs. § 421.00 because applicability of the regulations to the particular segregation unit was not a clearly established principle of law at the time.
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| Winders v. Bd. of Appeal on Motor Vehicle Liab. Policies & Bonds, Docket Number: 06-1571,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, February 23, 2007, Filed
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Overview: Because substantial evidence supported a conclusion that an insured was more than 50% at fault in a single-car collision, the Board of Appeal on Motor Vehicle Liability Policies and Bonds properly upheld a surcharge imposed by the insurer under Mass. Gen. Laws ch. 175, § 113B; therefore, the insured was not entitled to a judgment on the pleadings.
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| Butler v. Verizon New Eng., Inc., No. 06-P-572,
APPEALS COURT OF MASSACHUSETTS, February 26, 2007, Decided
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Overview: Because an employee's Mass. Gen. Laws ch. 151B claim that her employer did not reasonably accommodate her handicap did not arise from any contractual right established under a CBA, the claim was not "inextricably intertwined" with the CBA; therefore, the claim was not preempted by § 301 of the Federal Labor Management Relations Act.
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| Forisso v. Mello Constr., Inc., Opinion No.: 97361, Docket Number: 05-908,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, February 26, 2007, Decided
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Overview: Because the language contained in a contractor's indemnification agreement did not require a finding of negligence prior to enforcing the contractually agreed-upon duty to defend, the court maintained its original finding that the contractor was contractually bound to defend defendant construction company in the claims asserted by plaintiff.
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