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| Avery v. Wells Fargo Home Mortg., Inc., Opinion No.: 97952, Docket Number: 03-1992A,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, April 4, 2007, Filed
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Overview: Mortgagors' action claiming, inter alia, breach of the terms of a mortgage note was dismissed on summary judgment because the mortgagors had failed on numerous occasions to appear for depositions as ordered by the court and failed to adequately respond to the mortgagees' motion for summary judgment.
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| Commonwealth v. Simmons, SJC-09703,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, April 4, 2007, Decided
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Overview: While removing an indictment that had been placed "on file" -- i.e., sentencing on the indictment had been suspended indefinitely -- did not violate an inmate's rights, second trial judge erred by imposing sentence on the indictment for one armed robbery that exceeded the sentence the first trial judge had imposed for six counts of armed robbery.
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| Kohn v. Barker, Docket Number: 01-5374,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, April 4, 2007, Decided
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Overview: Judgment was entered for attorneys fees of $ 150,000 plus expenses under 42 U.S.C.S. § 1988 and Mass. Gen. Laws ch. 12, §§ 11H, I as requested fee was too high, even though time records submitted were accurate. There was no indication of double billing or milking case, but historic hourly rate was proper measure of fee.
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| Oberg v. Burke, Opinion No.: 97953, Docket Number: 04-0721-A,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, April 4, 2007, Filed
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Overview: Summary judgment in favor of attorney in legal malpractice action involving real estate transaction was allowed; client failed to present evidence that a six-month delay in closing deal was due to attorney's negligence, that client suffered losses in agreeing to amendments to purchase and sale agreement, or that client suffered any monetary loss.
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| Rhodes Techs. v. Copley Pharms., Opinion No.: 97815, Docket Number: 04-1717 BLS1,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, April 4, 2007, Decided
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Overview: Where plaintiffs alleged that defendants breached a settlement agreement by failing to provide a portion of defendants' recovery in a separate fraud action against a third party, defendants were entitled to summary judgment because "final disposition" in the settlement agreement included resolution of any appeal from the final judgment.
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