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| Bowser v. Daly, Opinion No.: 98078, Docket Number: 05-00443,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, April 11, 2007, Decided
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Overview: Defendant co-signer of a note and mortgage was in contempt of a prior order because while plaintiff co-signer had promptly tendered a deed transferring his interest as required by the order, defendant breached a promise and recorded the deed before refinancing the property and removing plaintiff as a co-signer.
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| Chalupowski v. Metaxas, SJC-09719,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, April 11, 2007, Decided
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Overview: Because the claims raised by a husband and his wife concerning a trust could be remedied on appeal, placing the parties in status quo, a single justice of the Supreme Judicial Court did not err or abuse his discretion in denying their Mass. Gen. Laws ch. 211, § 3 petition for relief.
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| Palmer v. Ernst & Young, LLP, Opinion No.: 97747, Docket Number: 05-0290-BLS2,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, April 11, 2007, Filed
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Overview: In a negligence action against an accounting firm, a limitation of liability provision was enforceable because an attorney, who signed the engagement letter, was acting on behalf of an accounting firm, not a law firm, and, thus, the provision did not violate the public policy embodied in prior Mass. Sup. Jud. Ct. R. 3:07, DR 6-102.
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| Strigler v. Bd. of Bar Examiners, SJC-09740,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, April 11, 2007, Decided
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Overview: Because a bar applicant intentionally failed to disclose several civil cases to which he had been a party, and because his willingness to lie cast doubt on his character, pursuant to Mass. Gen. Laws ch. 221, § 37. Mass. Sup. Jud. Ct. R. 3:01, § 5.1, the applicant did not possesses the necessary qualifications to practice law in the Commonwealth.
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| Cohen v. Trs. of Tufts Univ., Opinion No.: 97846, Docket Number: 06-4016,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, April 12, 2007, Decided
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Overview: Billing practices manager was not protected by Mass. Gen. Laws ch. 149, § 187(d), as employee's administrative position did not meet definition of "health care provider" in Mass. Gen. Laws ch. 149, § 187(a). Allegations were insufficient to bring claim employee's supervisor intentionally interfered with contract between employee and university.
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| Fisher v. Locatelli's Winchester Realty Trust, Opinion No.: 97847, Docket Number: 2005-1230,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, April 12, 2007, Decided
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Overview: Commercial lessor was entitled to summary judgment on claim it failed to properly maintain stairway within leased premises; lessee's injured employee failed to present evidence that lessor contracted with lessee to repair stairway and did so negligently, and as stairway was not in a common area, lessor was not responsible for its maintenance.
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| Kelly v. Wyeth, Opinion No.: 97845, Docket Number: 2003-3314F,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, April 12, 2007, Decided
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Overview: A company's summary judgment motion (Mass. R.Civ.P. 56) was denied as to a patient's negligence action after she experienced symptoms of akathisia after taking the company's generic drug; the patient's claims were not preempted by federal law. Because a labeling change was never before the FDA, there was no conflict between state and federal law.
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| Kurker v. Shoestring Props. L.P., No. 06-P-161,
APPEALS COURT OF MASSACHUSETTS, April 12, 2007, Decided
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Overview: Trial court erred in finding purchaser's right to specific performance regarding a particular piece of land had been defeated by failure to execute a viable purchase and sale agreement; final offer to purchase (final OTP) did not support its finding that execution of a purchase and sale agreement was a condition to the enforceability of final OTP.
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| Yakah v. Bd. of Bar Examiners, SJC-09700,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, April 12, 2007, Decided
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Overview: Attorney who attended Ghana School of Law, was admitted to practice law in Ghana, and obtained a masters of law from the New England School of Law did not satisfy the conditions of Mass. Sup. Jud. Ct. R. 3:01, § 6.2.3, for admission to Massachusetts bar on motion; among other things, attorney failed to include descriptions of courses in petition.
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