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| Bhaduri v. Middlesex County Sheriff's Dep't, Opinion No.: 97687, Docket Number: 2001-2696F,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, March 28, 2007, Decided
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Overview: County sheriff's department's Mass. R.Civ.P. 50(b) motion for judgment notwithstanding verdict was denied, as county sheriff's department did not raise its sufficiency of evidence issue in their motion for directed verdict; also, employee's Mass. R.Civ.P. 59(a) new trial motion was allowed as to count three since jury was not properly instructed.
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| Cabot Corp. v. AVX Corp., SJC-09857,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, March 28, 2007, Decided
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Overview: A buyer had not shown that a contract to supply it with tantalum, a rare metal, was the product of economic duress by the seller. The seller had not created the shortage that put it in a strong bargaining position; furthermore, the buyer had ratified the supply contract by waiting 18 months to assert duress and by accepting the contract's benefits.
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| Commonwealth v. Bourdon, No. 06-P-400,
APPEALS COURT OF MASSACHUSETTS, March 28, 2007, Decided
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Overview: Because defendant's motion to dismiss was under advisement for 17 months, and only 30 days were excludable under Mass.R.Crim.P. 36(b)(2)(A)(vii), the delay caused by the trial judge's failure to dispose of the motion warranted dismissal of the charge against defendant.
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| Commonwealth v. Phinney, SJC-09435a,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, March 28, 2007, Decided
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Overview: Defendant's motion for appellate attorney's fees pursuant to Mass.R.Crim.P. 30(c)(9) was allowed, where defendant had prevailed in the trial court on his motion for a new trial, the Commonwealth both applied to a single justice for leave to appeal and, once its application was granted, then prosecuted its appeal before the full court.
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| Eagle-Tribune Publ'g Co. v. Clerk-Magistrate of the Lawrence Div. of the Dist. Court Dep't, SJC-09665,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, March 28, 2007, Decided
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Overview: Because there was no First Amendment right of public access to show cause hearings, the single justice of the court did not abuse his discretion or commit other error in denying plaintiff publishing company's motion for access to a show cause hearing.
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| In re Molina, [NO NUMBER IN ORIGINAL],
STATE OF MASSACHUSETTS, APPELLATE DIVISION, NORTHERN DISTRICT, March 28, 2007, Decided
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Overview: Given the absence of a respondent's consent to extend the time for a civil commitment hearing under Mass. Gen. Laws ch. 123, § 7(c), the trial court erred in continuing the hearing to a date subsequent to the final date mandated by the statute.
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| Logan v. Comm'r of the Dep't of Indus. Accidents, No. 06-P-746,
APPEALS COURT OF MASSACHUSETTS, March 28, 2007, Decided
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Overview: Because an impartial medical examiner's reports fitted within the medical files or information exemption in Mass. Gen. Laws. ch. 4, § 7, Twenty-Sixth (c), and because the employees and their medical conditions might still be identified despite redactions, a Mass. Gen. Laws ch. 66, § 10 public records request for the reports was properly denied.
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| Trs. of Hunters Vill. Condo. Trust v. Gerke, [NO NUMBER IN ORIGINAL],
STATE OF MASSACHUSETTS, APPELLATE DIVISION, NORTHERN DISTRICT, March 28, 2007, Decided
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Overview: As unit owner's alleged conversion of condominium funds when she was condominium property manager was unrelated to her status as unit owner, and her "misconduct" had no relationship to the common areas and the costs of maintaining them, trustees could not assess funds against her under Mass. Gen. Laws ch. 183A, § 6.
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| Vasquez v. Potter & Co., [NO NUMBER IN ORIGINAL],
STATE OF MASSACHUSETTS, APPELLATE DIVISION, NORTHERN DISTRICT, March 28, 2007, Decided
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Overview: Tax preparers were entitled to summary judgment in a client's action arising from the disclosure of the client's information to his ex-wife because even if the disclosure was a violation of Mass. Gen. Laws ch. 62C, § 74, a reasonable person would not suffer emotional distress enough to support a claim for negligent infliction of emotional distress.
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| Mazetis v. Enter. Publ'g Co., Opinion No.: 97896, Docket Number: 04-00326-A,
SUPERIOR COURT OF MASSACHUSETTS, AT BRISTOL, March 29, 2007, Decided, March 29, 2007, Filed
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Overview: Defendants' motion for partial summary judgment was allowed. Court officer, who in performing public duties was subject of critical newspaper story as to compliance with federal and state laws on discrimination and affirmative accommodation of handicapped persons was public figure as police officers and town meeting members were public officials.
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