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| Commonwealth v. Quinn, No. 06-P-773.,
APPEALS COURT OF MASSACHUSETTS, March 20, 2007, Decided
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Overview: The trial court erred in allowing defendants' motions to suppress evidence because the police officer who stopped defendants' motor vehicle had reasonable suspicion to do so where the officer stopped the only motor vehicle on the road, which was being driven from the direction of a crime, within minutes of that crime.
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| Resnick v. Stanley-Bostitch, Inc., Opinion No.: 97654, Docket Number: 05-2026,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, March 20, 2007, Decided , March 20, 2007, Filed
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Overview: Brothers were not entitled to ground rents under theory of successor liability on real property to which a shareholder in third corporation had been granted equitable title because first corporation was the predecessor corporation as it owned the property previously and neither shareholder nor third corporation purchased first corporation's assets.
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| Soucy v. Dennehy, Docket Number: 04-1394B,
SUPERIOR COURT OF MASSACHUSETTS, AT PLYMOUTH, March 20, 2007, Filed
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Overview: Substantial evidence supported finding inmate was guilty in disciplinary action; use of unrecorded statement did not violate the inmate's rights, he testified at the hearing and his testimony was considered by the hearing officer, he admitted to being near another inmate's cell when an incident occurred, and he had proper notice of the hearing.
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| Commonwealth Dev., LLC v. HNW Digital, Inc., Opinion No.: 97587, Docket Number: 2005-4055F,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, March 21, 2007, Decided
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Overview: Because a landlord sought future rent payments from a tenant in a prior action and failed to reserve the right to collect those payments in a later action, the doctrine of res judicata precluded it from relitigating the issue; consequently, summary judgment in favor of the tenant was appropriate.
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| Commonwealth v. LeClair, No. 06-P-771.,
APPEALS COURT OF MASSACHUSETTS, March 21, 2007, Decided
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Overview: Because there was no indication that defendant was intoxicated, his statements to police were voluntary; the trial court properly denied defendant's suppression motion since a witness's improperly admitted prior acts testimony did not prejudicially impact the jury, and evidence of defendant's knowledge that a co-venturer was armed was very strong.
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| Lloyd v. Blue Hills Reg'l Sch. Dist., Opinion No.: 97755, Docket Number: 06-3123-H,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, March 21, 2007, Decided
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Overview: Teacher's written presentment of a negligence claim against a school district was not fatally deficient under Mass. Gen. Laws ch. 258, § 4 because the district was not immune from a claim of simple negligence under Mass. Gen. Laws ch. 21, § 17C as the accident occurred on land not available to the general public.
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| Terravecchia v. Fleet Bank, Docket Number: 2004-3086F,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, March 21, 2007, Decided
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Overview: A bank's employee manual did not constitute an implied contract with plaintiff. The bank retained the right to unilaterally modify it; individual policy documents took precedence over it; the bank did not negotiate it with plaintiff; it stated no term of employment; the bank did not highlight certain provisions; and plaintiff did not sign it.
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| Commonwealth v. Martinez, Opinion No.: 97651, Docket Number: 06-16,
SUPERIOR COURT OF MASSACHUSETTS, AT ESSEX, March 22, 2007, Filed
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Overview: Defendant's motion to suppress cocaine, heroin, and cash found on his person was denied, as an officer's reasonable suspicion that defendant was hiding something unlawful provided probable cause to search defendant's pocket. However, the search of defendant's car was not a valid search incident to arrest (Mass. Gen. Laws Ann. ch. 276, § 1).
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| Sch. Comm. of Hudson v. Bd. of Educ., SJC-09734,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, March 22, 2007, Decided
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Overview: The Massachusetts Board of Education's grant of a charter to a charter school pursuant to Mass. Gen. Laws ch. 71, § 89, was not subject to judicial review under the certiorari statute, Mass. Gen. Laws ch. 249, § 4, because the board's decision was not made in the context of a judicial or quasi-judicial proceeding.
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| Weitz v. Collins, Docket Number: 06-0977B,
SUPERIOR COURT OF MASSACHUSETTS, AT PLYMOUTH, March 22, 2007, Decided, March 22, 2007, Filed
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Overview: Mass Gen. Laws ch. 90, § 24 1/2, requiring individuals with two or more operating under the influence convictions to install an Ignition Interlock Device on their vehicles, was not an ex post facto law. The statute was remedial in nature; the fact that it imposed a heavy burden upon individuals such as plaintiff did not render it punitive.
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