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| Commonwealth v. Fortini, No. 06-P-178,
APPEALS COURT OF MASSACHUSETTS, April 20, 2007, Decided
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Overview: Trial court erred in denying defendant's motion for a new trial under Mass.R.Crim.P. 30(b) because a properly instructed jury could have concluded that a reasonable person in defendant's position would have felt an immediate and intense threat and responded as he did; error in the instructions created a substantial risk of a miscarriage of justice.
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| In re Atty., SJC-09598,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, April 20, 2007, Decided
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Overview: An attorney was only admonished for violating Mass. Sup. Jud. Ct. R. 3:07, Canon 2, DR 2-106(C), Mass. R. Prof. C. 8.4(c) and (h), and Mass. Sup. Jud. Ct. R. 3:07, Canon 2, DR 1-102 (A)(4), because he was an inexperienced attorney and his sole motive in misrepresenting the facts was to avoid a confrontation with one of his clients.
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| Wright v. Kelleher, Opinion No.: 97943, Docket Number: 02-1589,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, April 20, 2007, Decided
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Overview: Summary judgment for certain defendants was not appropriate in a wrongful death suit arising from a driver who distributed the defendants' products striking the decedent while operating a van because genuine issues of material fact existed as to whether the driver was an independent contractor or defendants' employee, due to their control over him.
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| Commonwealth v. Maccini, Opinion No.: 97832, Docket Number: 06-0873,
SUPERIOR COURT OF MASSACHUSETTS, AT NORFOLK, April 23, 2007, Filed
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Overview: Defendant's motion to suppress evidence was denied because defendant's e-mail and instant message communications were not unlawfully intercepted within the meaning of Mass. Gen. Laws ch. 272, § 99 where a police officer's receipt and recording of defendant's communications was with defendant's knowledge and implicit consent.
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| Commonwealth v. Philip Morris, Inc., SJC-09889,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, April 23, 2007, Decided
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Overview: Where an agreement among several states and tobacco companies provided for annual payments as determined by an auditor and contained an arbitration clause that covered any dispute, controversy, or claim arising out of or relating to the auditor's calculations or determinations, a dispute concerning a payment adjustment was subject to arbitration.
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| Doyle v. Gould, Docket Number: 2003-2773-C,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, April 23, 2007, Filed
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Overview: Motion for summary judgment was granted as to administrator's claim under Mass. Gen. Laws ch. 229, § 2 as there was no evidence that prior burglaries at apartment building involved violence, university did not know, or have reason to know, that student would be targeted, and student's murder was not foreseeable.
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| Kippenberger v. Bd. of Registration in Veterinary Med., SJC-09722,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, April 23, 2007, Decided
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Overview: Because a meeting between the Board of Registration in Veterinary Medicine and its director was not an "ex-parte hearing" that would deprive a veterinarian of due process, and because substantial evidence supported the Board's decision that the veterinarian's treatment was substandard, the Board properly revoked the veterinarian's license.
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| Segal v. First Psychiatric Planners, Inc., No. 06-P-699,
APPEALS COURT OF MASSACHUSETTS, April 23, 2007, Decided
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Overview: Because a voluntarily committed patient's claims against a hospital for false imprisonment and emotional distress did not present issues of medical malpractice, error, or mistake, under Mass. Gen. Laws ch. 123, § 11, she could pursue her action without the appeal bond required by Mass. Gen. Laws ch. 231, § 60B.
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| Tocci Bldg. Corp. v. Commonwealth Ins. Co., Opinion No.: 98366, Docket Number: 02-02261,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, April 23, 2007, Decided
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Overview: An insurer was entitled to summary judgment because its had paid the appropriate coverage amounts for costs to repair a retaining wall damaged by flooding back to its pre-storm condition and for business interruption; the insurer was not liable for repairs, nor resulting business interruption, that were required to bring the wall up to code.
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