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| Commonwealth v. Cardin, Docket Number: 05-513,
SUPERIOR COURT OF MASSACHUSETTS, AT NORFOLK, April 18, 2006, Decided
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Overview: Evidence recovered during traffic stop and statements made by passengers were suppressed because officer's order to the passengers to stay in the car was unlawful as officer had no reason to believe that the passengers had done anything unlawful, and all evidence of crimes charged against defendants resulted from unlawful seizure of the passengers.
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| Commonwealth v. Howard, SJC-09605,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, April 18, 2006, Decided
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Overview: It was error to admit testimony from an interview of defendant made by a social services agent at a time when defendant was represented by counsel because the agent was working for the government and use of the evidence violated the Sixth Amendment rights. The error was harmless in light of the overwhelming evidence supporting the conviction.
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| Sawyer v. Sawyer, No. 04-P-1358,
APPEALS COURT OF MASSACHUSETTS, April 18, 2006, Decided
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Overview: Appeal of the judgment of divorce nisi was dismissed as new Mass. RAP 4(a) made appeal founded on notice of appeal filed prior to disposition of postjudgment motion nullity. Wife was required to file new notice of appeal after disposition of motion to alter or amend findings under Mass.R.Dom.Rel.P. 52(b).
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| Modern Cont'l Constr. Co. v. Zurich Am. Ins. Co., Docket Number: 03-3197 BLS1,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, April 19, 2006, Decided
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Overview: Since, under Mass. Gen. Laws ch. 233, § 23C, the protection of confidentiality applied to materials gathered for and utilized in the mediation process and the mediating parties entered into a written agreement of confidentiality, the insurers were not entitled to summary judgment based on the company's failure to disclose the mediation evidence.
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| Todino v. Town of Wellfleet, No. 05-P-613,
APPEALS COURT OF MASSACHUSETTS, April 19, 2006, Decided
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Overview: Officer who had been injured on duty through no fault of her own was awarded prejudgment and postjudgment interest from a town under Mass. Gen. Stat. ch. 41, § 111F as the necessary implication of the statutory scheme required prejudgment and postjudgment interest payments against a government employer, despite any claim of sovereign immunity.
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| Commonwealth v. Garcia, No. 04-P-12,
APPEALS COURT OF MASSACHUSETTS, April 20, 2006, Decided
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Overview: New trial was properly ordered after defendant was convicted of indecent assault and battery on child under 14 years under Mass. Gen. Laws ch. 265, § 13B, where defense counsel had received documents with teacher's statements that victim one, despite coaxing, did not implicate defendant and that he did so only after mother appeared.
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| One-O-Six Realty, Inc. v. Quinn, No. 05-P-19,
APPEALS COURT OF MASSACHUSETTS, April 20, 2006, Decided
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Overview: An alleged servient estate owner's knowledge of a deed creating an easement on his registered and unregistered lots brought the unregistered easement within an exception in Mass. Gen. Laws ch. 185, § 46, even though his counsel said the easement did not burden the registered lot, because the owner was charged with correctly interpreting the deed.
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| Theroux v. Singer, Docket Number: 2005-00764,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, April 20, 2006, Filed
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Overview: A doctor claiming discrimination because of her pregnancy was not an employee in a dental practice as she owned stock and assets, did not report to anyone higher, and had invested money. She thus had no claim under he Massachusetts Equal Rights Amendment or Mass. Gen. Laws ch. 151B, § 4(1). She had a breach of contract claim as to good faith.
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| Wilson v. James L. Cooney Ins. Agency, No. 05-P-382,
APPEALS COURT OF MASSACHUSETTS, April 20, 2006, Decided
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Overview: Judgment for doctor was reversed as agency did not have special duty to inform doctor that medical group no longer carried vicarious liability insurance. Agency never saw independent contractor agreement. As neither agreement nor statute required medical group to carry vicarious liability insurance, doctor's reliance on agency was not reasonable.
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