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| Baltazar Contrs., Inc. v. Town of Lunenburg, No. 05-P-194,
APPEALS COURT OF MASSACHUSETTS, March 8, 2006, Decided
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Overview: Contractor was not entitled to damages from a town when a void contract was terminated because of the town's failure to comply with public bidding requirements, nor was it entitled to damages in quantum meruit, as it acted at its peril in performing work that was not authorized in accordance with law.
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| Commonwealth v. Doyle, Docket Number: 05-1127,
SUPERIOR COURT OF MASSACHUSETTS, AT ESSEX, March 8, 2006, Decided , March 8, 2006, Filed
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Overview: Motion to dismiss child endangerment charge under § 13L was denied as by engaging in sexual conduct in child's room--knowing that child's sexual abuser was in house; that he sexually assaulted child many times when he had been using crack cocaine; and that he had been using crack cocaine--he created substantial risk of child's sexual abuse.
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| Commonwealth v. Mark M., No. 04-P-855,
APPEALS COURT OF MASSACHUSETTS, March 8, 2006, Decided
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Overview: Juvenile court properly allowed a juvenile's motion to suppress the incriminating statements he made to a police officer, as even before the juvenile had an opportunity to consult with his grandmother, he made statements that appeared to contain incriminating material, and there was no sufficient break in the stream of events to purge any taint.
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| Commonwealth v. Marshall, No. 04-P-680,
APPEALS COURT OF MASSACHUSETTS, March 8, 2006, Decided
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Overview: Defendant's conviction of home invasion, Mass. Gen. Laws ch. 265, § 18C, was affirmed, as the State adequately proved that defendant's former girlfriend's apartment was not defendant's residence, as the term "residence" was equated with occupancy and defendant had moved out of the apartment prior to the incident.
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| Lizotte v. Chief of Police , Docket Number: WO CV 2001-335C,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, March 8, 2006, Decided , March 8, 2006, Filed
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Overview: A district court erred in upholding a chief of police's decision to suspend a firearm license under Mass. Gen. Laws ch. 140, § 131. As the only evidence offered by the chief had been excluded on hearsay grounds, the only evidence presented was that of the licensee, who denied having made threats or suicide attempts.
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| Reilly v. Boston Herald, Inc., Docket Number: 98294,
SUPERIOR COURT OF MASSACHUSETTS, AT BARNSTABLE, March 8, 2006, Decided
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Overview: Because a doctor's cause of action for attorneys fees and costs commenced when the court endorsed the motion to add a Mass. Gen. Laws ch. 93A count, the court awarded attorney's fees commensurate with the effort expended and outcome achieved; it also awarded $4,800 in expert fees, but declined to award costs until the doctor provided justification.
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| Haser v. Wright, Docket Number: CA 00-3640A,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, March 9, 2006, Decided
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Overview: A judgment in a Mass. Gen. Laws ch. 93A action was amended to include attorney fees and costs four years after the case was resolved at the trial level. The delay in seeking fees was in part the fault of the court and defense counsel, plaintiffs' counsel was not guilty of inexcusable delay, and defendants were not prejudiced by the delay.
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| IVPCare, Inc. v. Harvard Pilgrim Health Care, Inc., Docket Number: 03-5058 BLS1,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, March 9, 2006, Decided
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Overview: Pharmacy's summary judgment motion was denied as meaning of "mail order pharmacy" in AWP was in dispute and definition of "mail order pharmacy" had both legal and factual components. Legal part arose as words were used in AWP and court interpreted statutory language. Factual component came with assessing intent of Massachusetts legislature.
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| Leduc v. Gillette Co., Docket Number: WOCV2004-1423C,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, March 9, 2006, Filed
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Overview: In the tenant's contribution action against the snow removal contractor, the contractor was not entitled to summary judgment under Mass. R. Civ. P. 56(c). The delivery person raised an issue of material fact as to whether the snow or ice on which he fell was a natural accumulation. He testified that it appeared that removal had been done.
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| Montes v. Mass. Bay Transp. Auth., SJC-09568,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, March 9, 2006, Decided
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Overview: Plaintiff sued a railroad for reckless conduct after his leg was severed by a train. As there was no evidence that motorperson saw him in time to stop train before striking him, and motorperson's alleged excessive speed and inattention, without more, did not constitute recklessness, railroad had been entitled to judgment notwithstanding verdict.
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