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| Callahan v. Donovan, Opinion No.: 97818, Docket Number: 02-03117,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, April 18, 2007, Decided
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Overview: In an action by a decedent's daughter based on a contract executed by a decedent, a stay of the proceedings was reinstated because while a special administrator could be liable to an action by a creditor of the decedent, the action had to be stayed under Mass. Gen. Laws ch. 193, § 15 until a permanent fiduciary was appointed.
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| Commonwealth v. Manzelli, No. 05-P-1041,
APPEALS COURT OF MASSACHUSETTS, April 18, 2007, Decided
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Overview: Defendant's conviction of unlawful electronic interception of an oral communication, Mass. Gen. Laws ch. 272, § 99, was supported by sufficient evidence, as there was ample circumstantial evidence that defendant made an unlawful secret recording of a conversation with police officers, and threw the tapes into a crowd at a political rally.
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| New Eng. Pro Tour, Inc. v. Hebb, Opinion No.: 97895, Docket Number: 06-4901-BLS2,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, April 18, 2007, Filed
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Overview: A corporation's motion to disqualify a law firm as counsel for the employee was allowed because the representation violated Mass. R. Prof. C. 1.9 where the law firm had previously represented both the corporation and the employee in a matter that had a substantial relationship to the matter in question.
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| Rae v. JP Morgan Chase Bank, Opinion No.: 97814, Docket Number: 07-0004-E,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, April 18, 2007, Filed
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Overview: Auction buyer did not have action for, inter alia, breach of contract against mortgagee relating to purchase of property at a foreclosure sale as the parties' agreement was not unambiguous as to contract termination; the language indicated that the mortgagee only had to return the deposit paid if it did not convey title to the buyer for any reason.
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| Blanchard v. Town of Hubbardston, Opinion No.: 97945, Docket Number: 2003-973A,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, April 19, 2007, Filed
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Overview: A trust had no standing, under Mass. Gen. Laws ch. 41, § 81BB, to appeal a planning board's recission of a prior subdivision approval as to land the trust had owned because the trust was no longer an "aggrieved person," since it no longer owned the land or adjacent property, nor did the trust's status as the land's former owner grant it standing.
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| Commonwealth v. Colturi, SJC-09796,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, April 19, 2007, Decided
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Overview: Court erred in ruling that a breathalyzer test result obtained over an hour after defendant last drove her vehicle could not be offered to prove she violated Mass. Gen. Laws ch. 90, § 24(1)(a)(1) without expert testimony establishing her BAC at time she last drove; as long as test was done within a reasonable time, no such testimony was required.
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| Commonwealth v. Thomas, SJC-09749,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, April 19, 2007, Decided
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Overview: Decision that disallowed the Commonwealth from presenting numerical results of breathalyzer tests performed on defendant in OWI prosecution under Mass. Gen. Laws ch. 90, § 24(1)(a)(1) was reversed based on the reasoning in Commonwealth v. Colturi, 2007 Mass. LEXIS 263.
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| Edison v. Petraglia, Opinion No.: 97941, Docket Number: WOCV200401709,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, April 19, 2007, Filed
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Overview: Conduct of real estate agent, in making representations about condition of fireplaces in home purchased by the buyers, did not constitute an unfair or deceptive act or practice pursuant to Mass. Gen. Laws ch. 93A because he did not did not represent that he had personal knowledge of the condition of things behind the walls in the home in question.
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| Hayeck v. Fruit Sever Realty Corp., Opinion No.: 97944, Docket Number: 00-1854A,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, April 19, 2007, Filed
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Overview: Motion to enforce memorandum of understanding was allowed as parties intended memorandum to be final agreement as they resolved all significant economic issues during mediation by determining prices of properties and reducing them to writing. LP could not allege memorandum was invalid as he treated memorandum as final agreement.
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