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| Commonwealth v. Morrill, No. 05-P-823,
APPEALS COURT OF MASSACHUSETTS, May 1, 2007, Decided
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Overview: Sufficient evidence supported convictions under Mass. Gen. Laws ch. 272, § 35 because places where sex acts took place, a courthouse holding cell and a courthouse basement hallway, were public places. Among other things, accessibility to those locations made it unreasonable for defendant to expect that his conduct there would remain private.
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| Commonwealth v. Sherman, No. 05-P-1409,
APPEALS COURT OF MASSACHUSETTS, May 1, 2007, Decided
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Overview: Because the Commonwealth presented sufficient facts at the guilty plea hearing, defendant acknowledged that he committed the act of rape, thus rendering the guilty plea intelligent; because there was no evidence of coercion and there was no lack of competence, defendant was not entitled to a new trial under Mass.R.Crim.P. 30.
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| Rascoe v. Commerce Ins. Co., Docket Number: 03-1394,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, May 1, 2007, Filed
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Overview: Insured's failure to submit to a reasonable examination under oath on two relevant issues was a material and substantial breach of the insurance policy as a matter of law, and excused the insurance company from liability on the policy as well as liability under Mass. Gen. Laws ch. 176D, § 3 and Mass. Gen. Laws ch. 93A, § 9.
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| World Care Clinical, Inc. v. Bracco Diagnostics, Inc., Opinion No.: 98045, Docket Number: 05-03218,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, May 1, 2007, Decided
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Overview: In an action involving, inter alia, breach of contract claims, plaintiff could not be estopped from pursuing its Mass. Gen. Laws ch. 93A claim as to renal and carotid studies as a choice of law provision did not bar such a claim when the claim was not limited to unfair acts arising from the contract but encompassed the parties' entire relationship.
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| Adam Assocs. Int'l v. William A. Berry & Son, Inc., Opinion No.: 97957, Docket Number: 05-0997-BLS2,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, May 2, 2007, Filed
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Overview: Motion to vacate arbitration award of disgorgement damages for subcontractor's breach of covenant not to compete was denied as agreement did not clearly bar disgorgement damages, and subcontractor's profits for three-year period were reasonable estimate of royalty that contractor would have received had covenant not been breached.
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| Farazi v. Caffey, Opinion No.: 98286, Docket Number: 03-0834-C,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, May 2, 2007, Filed
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Overview: Attorney's motion to dismiss under Mass. R.Civ.P. 12(b)(2) was denied as jurisdiction was proper under Mass. Gen. Laws ch. 223A, § 3(a) since attorney had participated in drafting of operative documents for franchise for corporate defendants, and franchisee's claim had origins in legal documents drafted by attorney, which satisfied but-for test.
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| In re Slavitt, SJC-09832,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, May 2, 2007, Decided
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Overview: Attorney was suspended from practice for two months after sending letter of recommendation to Board of Bar Examiners indicating applicant was fit to be in position of trust and responsibility, when attorney knew opposite; attorney had represented client in connection with charges of posing as a lawyer and converting to own use corpus of trust.
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| McCoy v. Town of Kingston, No. 06-P-396.,
APPEALS COURT OF MASSACHUSETTS, May 2, 2007, Decided
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Overview: Judgment was affirmed as tax collector violated town policy by failing to obtain approval before hiring counsel. There was not sharp conflict between policy and Mass. Gen. Laws ch. 258, § 13, which provided municipal officers with indemnification for personal financial losses. Policy promoted indemnification condition that legal fees be reasonable.
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| Pilgrim Ins. Co. v. Molard, Opinion No.: 98283, Docket Number: 04-2371C,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, May 2, 2007, Filed
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Overview: Because a taxi cab passenger, who allegedly suffered injury in a collision but who could not identify the cab driver, failed to notify an uninsured motorist carrier within 24 hours of the hit-and-run accident as required under the policy, and because the reporting delay caused the insurer prejudice, the passenger was not entitled to coverage.
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| Tankanow v. Rivera, Opinion No.: 98806, Docket Number: WOCV 2006-0775,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, May 2, 2007, Filed
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Overview: Manager's breach of contract claims against a boxer were precluded under 523 Mass. Code Regs. 3.04(1) because the parties' initial contract was not in writing and the parties' second contract was for more than one-third of the purse amounts; as the contracts violated public policy, unjust enrichment claims also had to fail.
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