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| MacInnis v. Walsh Bros., Docket Number: 04-4250,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, March 23, 2006, Decided
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Overview: Engineer's summary judgment motion was allowed on Mass. Gen. Laws ch. 229, §§ 2 and 6 claims as contracts between architect and engineer and between general contractor and steel erector made clear that engineer owed no duty to decedent. Industry code for cited by administrator did not apply to design of structural steel or to cause of accident.
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| Trs., Woodburyville Heights Condo. Trust v. Magill, Docket Number: 02-01027,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, March 23, 2006, Filed
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Overview: Developer's motion for protective order under Mass. R. Civ. P. 26 was allowed because trustees' interrogatories concerning developer's expert had been answered in compliance with Rule 26(b), answers were complete, trustees had not indicated that they could not obtain equivalent information through other means, and extensive discovery was costly.
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| BBNT Solutions, LLC v. 625 Concord, Inc., Docket Number: MICV2005-03474-C,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, March 24, 2006, Decided
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Overview: Tenant's motion for partial summary judgment was allowed as landlord's written consent was not required for tenant to contract with nominee that tenant would exercise its option to purchase property, but that nominee could instruct it when to do so. Tenant did not transfer its rights to nominee and contract was not assignment of tenant's option.
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| Pellegrine v. Commonwealth, SJC-09383,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, March 24, 2006, Decided
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Overview: Despite having an adequate opportunity to object to a mistrial ordered by a trial judge, defense counsel remained silent, implying that defendant in fact had no objection to the mistrial. It was proper to infer from defense counsel's conduct that defendant consented to the mistrial. Double jeopardy principles did not preclude defendant's retrial.
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| Rinaldo v. Haynes, Docket Number: 2006-0286,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, March 24, 2006, Decided , March 24, 2006, Filed
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Overview: Because an alleged assignee of a lease of a building only enjoyed a transitory license to occupy the property as his rights were purely contractual, the lessor was not prohibited from the use of a reasonable means of self-help, changing the locks on the building, under Mass. Gen. Laws ch. 184, § 18, when the rent went into arrears.
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| Santiago v. Young, SJC-09389,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, March 24, 2006, Decided
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| Smith v. Sex Offender Registry Bd., No. 04-P-969,
APPEALS COURT OF MASSACHUSETTS, March 24, 2006, Decided
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Overview: As evidence showed that a convicted sex offender, who had been accused of trying to rape a 14-year-old girl, failed to take responsibility for his actions and minimized his responsibility for offense, he was properly classified as a level one (low-risk) offender under the Massachusetts Sex Offender Registration and Community Notification Act.
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