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| Baghdady v. Baghdady, Opinion No.: 98120, Docket Number: 97-4732,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, May 9, 2007, Decided
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Overview: Plaintiff failed to carry Article 219 of the Lebanon Code of Obligations and Contracts burden of establishing signature on power of attorney used to sell his shares in property in Lebanon was forged or that fraud was committed; conveyance could not be rescinded, there was no claim for unjust enrichment, nor could a constructive trust be imposed.
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| Care & Protection of Sophie, SJC-09907,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, May 9, 2007, Decided
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Overview: In granting Department of Social Services temporary custody of children under Mass. Gen. Laws ch. 119, § 24, court erred in admitting their extrajudicial statements that their father hit them as statements of party opponent; their statements were not admissible merely by virtue of their co-party relationship with their father against Department.
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| Commonwealth v. Boyajian, No. 06-P-246,
APPEALS COURT OF MASSACHUSETTS, May 9, 2007, Decided
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Overview: Because defendant did not object to a prosecutor's "public safety theme" until after the jury retired to deliberate, and because the comments were a simple marshalling of the evidence, defendant was properly convicted of operating a motor vehicle while under the influence of alcohol, in violation of Mass. Gen. Laws ch. 90, § 24.
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| Corporate Claims Mgmt. v. Sid Harvey Indus., Opinion No.: 98117, Docket Number: 07-23B,
SUPERIOR COURT OF MASSACHUSETTS, AT HAMPDEN, May 9, 2007, Filed
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Overview: A bolt distributor's dismissal motion was granted with respect to a contribution action against it based on claims of negligence and breach of the implied warranty of merchantability, as the action was brought beyond the three-year limitations period applicable to the claims pursuant to Mass. Gen. Laws ch. 260, § 2A and ch. 106, §§ 2-314 and 2-318.
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| Estate of Johnson v. Rose, Opinion No.: 98267, Docket Number: WOCV2004-00622,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, May 9, 2007, Filed
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Overview: Limited partners' breach of contract claims were denied because, while the general partner and the principal breached the partnership agreement, the limited partners could not prove damages. The court awarded the limited partners nominal damages on a breach of fiduciary duty claim because they could not prove damages from the breach.
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| Woodruff v. Niles Co., Opinion No.: 98121, Docket Number: 05-3225,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, May 9, 2007, Filed
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Overview: Based on the size of the class, the potential dispersion of its members, common questions of law and fact that predominated over any questions affecting only individual class members, typicality, and the adequacy of representation, tenants' motion for class certification under Mass. R.Civ.P. 23(a), (b) was allowed.
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| Commonwealth v. Ramirez, No. 06-P-497,
APPEALS COURT OF MASSACHUSETTS, May 10, 2007, Decided
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Overview: Evidence was insufficient to prove defendant knowingly failed to register as sex offender under Mass. Gen. Laws ch. 6, § 178H, where it was not shown he had knowledge until day after date of offense listed on complaint. Evidence was insufficient to show aggressive move by defendant supporting accosting or annoying person of opposite sex conviction.
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| Hingham Mut. Fire Ins. Co. v. Smith, No. 05-P-1769.,
APPEALS COURT OF MASSACHUSETTS, May 10, 2007, Decided
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Overview: Judgment was affirmed as insurer was not required to defend insureds under basic homeowner's liability coverage since injuries alleged by parents arose out of actual, alleged, or threatened sexual molestation of their children and thus did not constitute "bodily injuries" as defined by policy. Loss of consortium claims were not treated differently.
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| Suliveres v. Commonwealth, SJC-09747,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, May 10, 2007, Decided
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Overview: Defendant allegedly had sexual intercourse with a woman by impersonating her boyfriend. As intercourse where consent was achieved by fraud did not constitute rape under Mass. Gen. Laws ch. 265, § 22, the trial court erred in denying defendant's motion for a required finding of not guilty.
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