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| Britton v. Britton, No. 06-P-275,
APPEALS COURT OF MASSACHUSETTS, May 11, 2007, Decided
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Overview: In a post-judgment divorce appeal, a trial court did not abuse its discretion in awarding alimony to the wife, which amounted to approximately 40 percent of the husband's total gross income, since the trial judge weighed the factors under Mass. Gen. Laws ch. 208, § 34 in fashioning the award and noted the wife's long-time absence from employment.
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| Lambert v. Fleet Nat'l Bank, SJC-09762,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, May 11, 2007, Decided
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Overview: Because the undisputed facts disclosed that plaintiff mortgagor's Mass. Gen. Laws ch. 93A action was filed on April 18, 2000, which was over four years after defendant bank refused to renew a loan to plaintiff, plaintiff's ch. 93A action was untimely and barred by the four-year limitations period applicable via Mass. Gen. Laws ch. 260, § 5A.
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| Merlino v. Town of Foxborough, Opinion No.: 98954, Docket Number: 2004-1443-C,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, May 11, 2007, Filed
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Overview: When an alleged injured party sued a town, its police officers, and a football team for tort claims, disqualification of the attorney and law firm representing all defendants was not required because no conflict of interest necessitated such disqualification as the football team was liable for all costs and for any judgment against any defendant.
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| Commonwealth v. Hector H., No. 06-P-739,
APPEALS COURT OF MASSACHUSETTS, May 14, 2007, Decided
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Overview: Juvenile's appeal from an order revoking probation was moot because delinquent adjudications based on his admissions constituted convictions which submerged or subsumed the effects of an earlier revocation of probation based on the same misconduct, and the admissions conclusively validated the earlier findings of probation violations.
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| Commonwealth v. Roxbury Charter High Pub. Sch., No. 06-P-733,
APPEALS COURT OF MASSACHUSETTS, May 14, 2007, Decided
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Overview: Substantial evidence supported the revocation of a charter school's charter under Mass. Gen. Laws ch. 71, § 89(kk) as there was a shortfall between its enrollment and the projections supporting its application, it failed to develop individual learning plans, it was not handicapped accessible, and its special education program was inadequate.
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| DiPietro v. Sipex Corp., No. 06-P-758.,
APPEALS COURT OF MASSACHUSETTS, May 14, 2007, Decided
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Overview: Former employer was improperly awarded summary judgment on a former employee's breach of contract claims because disputes of material fact existed as to whether the employee resigned with good reason, whether the employer terminated the employment without cause, and whether the employer fraudulently induced the employee to sign a promissory note.
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| In re McBride, SJC-09571,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, May 14, 2007, Decided
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Overview: By misrepresenting his authority to settle a client's case, by depositing settlement funds in his own account, by neglecting his clients' cases to their detriment, and by failing to make full restitution of sums owed a client, an attorney violated multiple rules governing professional conduct and was therefore properly disbarred.
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| In re Trusts Under the Will of Crabtree, SJC-09787,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, May 14, 2007, Decided
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Overview: Where trustees committed a breach of their fiduciary duties when they used one of several trusts for the payment of their fees earned on all trusts, and they set up an endowment with proceeds from one trust without authorization, they were properly removed as trustees from all of the trusts.
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| Maimaron v. Commonwealth, SJC-09728,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, May 14, 2007, Decided
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Overview: Trial court properly granted summary judgment to police officer on his claim Commonwealth violated a duty owed to him by not defending him in assignee's state statutory tort claims act case against him; duty was owed under Mass. Gen. Laws ch. 258, § 9A and Commonwealth could have sought reimbursement later on if that law was found not to apply.
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