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| Commonwealth v. Congdon, No. 06-P-71,
APPEALS COURT OF MASSACHUSETTS, April 27, 2007, Decided
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Overview: Defendant did not show her counsel was ineffective when, after asking an officer if he saw her in a vehicle, to try to show she did not operate the vehicle she was charged with operating under the influence, the officer said she retrieved her pocketbook from it, because other, circumstantial, evidence allowed an inference that she operated the car.
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| Gonzalez v. Pierce-Williams, No. 06-P-785,
APPEALS COURT OF MASSACHUSETTS, April 27, 2007, Decided
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Overview: When a husband did not obey an order to pay his former wife for her interest in realty, the wife did not have a mere security interest in the property because the condition requiring her to surrender her interest never occurred, so she kept her interest. It was inequitable, under Mass. Gen. Laws ch. 241, § 22, to require her to pay attorneys' fees.
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| Statewide Towing Ass'n v. City of Lowell, No. 06-P-857,
APPEALS COURT OF MASSACHUSETTS, April 27, 2007, Decided
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Overview: A towing company association had no standing to sue a city for required towing contractors to pay the city a consideration because it did not say the city's acts injured its members. It had no standing to allege, under Mass. Gen. Laws ch. 40, § 53, that the consideration was an unlawful tax because it did not sue on behalf of 10 taxable residents.
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| Tisbury Fuel Serv. v. Martha's Vineyard Comm'n, No. 06-P-737,
APPEALS COURT OF MASSACHUSETTS, April 27, 2007, Decided
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Overview: In a case where a corporation's application to build a gasoline station was denied, the trial judge applied the proper standard, pursuant to 1977 Mass. Acts 831, § 18, in reviewing the local commission's decision because no claim was made that the commission acted beyond its lawful authority in denying the application.
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| Capital Assocs. v. Globe Newspaper Co., Opinion No.: 98956, Docket Number: 2004-1930-C,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, April 30, 2007, Filed
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Overview: A benefits plan administrator's customer received summary judgment as to the administrator's quantum meruit claim against it because the administrator could not reasonably expect the customer to pay it, nor had the customer reason to think the administrator expected payment, as the administrator got commissions for insurance it sold the customer.
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| Commonwealth v. Smith, SJC-08795,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, April 30, 2007, Decided
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Overview: Although trial judge failed to instruct jury they could consider evidence of alcohol consumption among tje circumstances when determining whether the murder was committed with extreme atrocity or cruelty, error did not create substantial likelihood of miscarriage of justice given the overwhelming evidence of atrocity or cruelty shown by the facts.
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| Dias v. Town of Hanson, Opinion No.: 98824, Docket Number: 89-1980A,
SUPERIOR COURT OF MASSACHUSETTS, AT PLYMOUTH, April 30, 2007, Decided
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Overview: Property owner was found in civil contempt under Mass. R. Civ. P. 65.3 because, though he had been twice found in violation of an order unequivocally enjoining him from using his property in a manner that would permit commercial vehicles to travel over a street owned by a town, he continued to do so in open defiance of the court's prior orders.
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