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| Commonwealth v. Buelterman, No. 05-P-1514,
APPEALS COURT OF MASSACHUSETTS, May 3, 2007, Decided
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Overview: Refusal to give an instruction on fresh complaint testimony was proper in defendant's trial for indecent assault and battery on a child under 14 years of age because, although complainant testified that she told friend about incident, fresh complaint doctrine was not operative until testimony from someone other than complainant was introduced.
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| Dattilo v. Arbella Mut. Ins. Co., Opinion No.: 98011, Docket Number: 02-4510-E,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, May 3, 2007, Decided
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Overview: Judgment was entered for driver on Mass. Gen. Laws chs. 93A count as driver's failure to respond to insurer's request for medical authorization form, demand for payment prior to sending release, and any concern insurer might have had about possible medicare lien were not justifications for insurer's failure to attempt prompt settlement.
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| Kelen v. Mass. Tpk. Auth., Opinion No.: 98015, Docket Number: 06-0839 BLS1,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, May 3, 2007, Decided
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Overview: Class action complaint was dismissed because a discount toll program regarding the transit of vehicles in tunnels and over a bridge did not violate the Equal Protection Clause of U.S. Const. amend. XIV, § 1, the Privileges and Immunities Clause of U.S. Const. art. IV, § 2, cl. 1, or the Commerce Clause of U.S. Const. art. I, § 8, cl. 3.
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| Lowell Hous. Auth. v. Melendez, SJC-09816,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, May 3, 2007, Decided
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Overview: Judgment was affirmed as tenant violated lease provision required by 42 U.S.C.S. § 1437d(l)(6) and Mass. Gen. Laws ch. 121B, § 32 by assaulting and attempting to rob patron of convenience store about mile from housing development since violent crime was near enough to other residents to threaten their health, safety, and quiet enjoyment.
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| Braun v. Braun, No. 04-P-1639,
APPEALS COURT OF MASSACHUSETTS, May 4, 2007, Decided
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Overview: Because a trial court properly modified a judgment and changed the child support and alimony award, the wife's claims as to the original alimony and child support order were moot.
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| Commonwealth v. Miller, No. 05-P-1252,
APPEALS COURT OF MASSACHUSETTS, May 4, 2007, Decided
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Overview: In an employee-theft prosecution, as evidence of oppressive nature of interrogation by private investigators, their alleged threats, and defendant's distraught mental state created a real issue as whether her confession was voluntary, court reversibly erred by refusing to hold pretrial evidentiary hearing as to the voluntariness of her confession.
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| Mazonson, Inc. v. Greenbaum, Opinion No.: 98365, Docket Number: 07-1327,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, May 4, 2007, Decided
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Overview: Plaintiffs' motion for preliminary injunctive relief was denied because plaintiffs had no real evidence to support its assertions of misuse of confidential or trade secret information; as a result of accepted work-at-home practices, it would not have been unusual for defendants to have had plaintiffs' information on a home computer.
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