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| Abbott v. Virusso, No. 05-P-1612,
APPEALS COURT OF MASSACHUSETTS, February 28, 2007, Decided
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Overview: Family court erred in denying a mother's request to allow her to relocate with the parties' son to Arizona, because the court focused its decision on the interests of the son, and did not adequately consider other interests, including those of the mother, that informed the best interests determination.
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| Boone v. Commerce Ins. Co., No. 06-P-793,
APPEALS COURT OF MASSACHUSETTS, February 28, 2007, Decided
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Overview: Because any denial of PIP benefits based on a medical review of the services underlying any bill had to comply with the "same profession" requirement, the court properly concluded that Mass. Gen. Laws ch. 90, § 34M, required a determination of the necessity of further chiropractic treatment to have been made by a licensed chiropractor.
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| C&I Steel, LLC v. Peabody Constr. Co., Docket Number: PLCV 2003-0664,
SUPERIOR COURT OF MASSACHUSETTS, AT PLYMOUTH, February 28, 2007, Decided , February 28, 2007, Filed
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Overview: A subcontractor's surety was entitled to summary judgment as to a complaint against it under Mass. Gen. Laws ch. 149, § 29, for violating a performance bond, and under Mass. Gen. Laws ch. 93A, §§ 2 and 11, for unfair business practices, because a general contractor did not clearly terminate the subcontractor, so the surety had no duty to perform.
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| Canale v. GMC, Opinion No.: 97463, Docket Number: 05-3886,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, February 28, 2007, Decided
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Overview: In an action by an automobile purchaser alleging a defect, even though the purchaser failed to counter the manufacturer's statement of facts in support of its motion for summary judgment as required by Mass. Super. Ct. R. 9A(b)(5), material issues of fact existed, inter alia, as to whether the problem was a defect or a normal design characteristic.
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| City of Worcester v. Local 378, Int'l Bhd. of Police Officers, Opinion No.: 98810, Docket Number: WOCV2003-01841,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, February 28, 2007, Decided, February 28, 2007, Filed
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Overview: Motion to vacate arbitration award was denied as arbitrator's finding that conduct of parties over long period of time created benefit for union members to be promoted based on rank on civil service eligibility list did not interfere with Mass. Gen. Laws ch. 31, § 27 because City did not show that it bypassed officer due to her disciplinary record.
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| Commonwealth v. Blagojevic, Opinion No.: 97650, Docket Number: 06-302,
SUPERIOR COURT OF MASSACHUSETTS, AT NORFOLK, February 28, 2007, Filed
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Overview: Although defendant's statements to the police in the absence of counsel violated U.S. Const. amend. VI and Mass. Const. Decl. Rights art. 12 and could be suppressed, the police observations of defendant's appearance could not be suppressed.
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| Evergreen Homes, Inc. v. Fouracre, Opinion No.: 97272, Docket Number: 02-01037,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, February 28, 2007, Decided
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Overview: Plaintiff's specific performance action was subject to dismissal by summary judgment because the "offer to purchase real estate" executed by the parties did not contain all the material terms as the property to be sold was not described with particularity and the offer was subject to engineering and approvals on a minimum of three buildable lots.
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| Greenberg v. Greenberg, No. 05-P-1742,
APPEALS COURT OF MASSACHUSETTS, February 28, 2007, Decided
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Overview: Because the alimony modification judgment would not permit the ex-wife to meet her needs and because the ex-husband was able to meet his support obligations, as established at the time of the last modification judgment, without diminishing his capital assets or affecting his ability to maintain his standard of living, the modification was in error.
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| Nyacol Nano Techs., Inc. v. Land-Air Express of New Eng., LTD., Opinion No.: 97277, Docket Number: 05-0097,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, February 28, 2007, Filed
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Overview: Corporation's motion for judgment notwithstanding the verdict in a negligence action against an express company was granted, because there was not sufficient evidence of comparative negligence, as the evidence did not indicate that the corporation knew or should have known that an electric wire was too low for a truck to pass under.
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| Scot. Drive, LLC v. Tosi, Opinion No.: 97364, Docket Number: 07-0555 BLS1,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, February 28, 2007, Decided
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Overview: Because there was no solid evidence that the essence of two limited partnerships was in any danger of dissipation or collapse, there were no bases to dissolve the partnership under Mass. Gen. Laws ch. 109, § 45, to appoint a receiver pendente lite, or to grant any alternative injunctive relief.
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