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| Castillo v. Cavicchio Greenhouses, Inc., No. 05-P-1240,
APPEALS COURT OF MASSACHUSETTS, April 26, 2006, Decided
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Overview: Workers' compensation review board properly denied a worker's claim for benefits, as the worker failed to meet his burden under Mass. Gen. Laws ch. 152, § 1(7A), of showing that a fall at work was a major cause of his disability rather than a preexisting degenerative spinal condition.
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| Commonwealth v. Abbott, Docket Number: 05-648,
SUPERIOR COURT OF MASSACHUSETTS, AT ESSEX, April 26, 2006, Decided , April 26, 2006, Filed
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Overview: Where the Attorney General's office issued grand jury subpoenas with the intention of using the requested bank records in connection with a presentment to a grand jury, and there was no evidence that the records were used for any improper purpose, the subpoenas were properly issued, and there was no ground for suppression of the evidence obtained.
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| Dager Zeter v. Sater, Docket Number: 04-00428-C,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, April 26, 2006, Decided
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Overview: Plaintiff's summary judgment motion was denied as trusts' declarations were ambiguous as to whether joint venture or trustee-beneficiary relationship was formed and extrinsic evidence raised fact issue as to whether those contributing capital for acquisition of trust properties intended to form joint venture or trustee-beneficiary relationship.
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| McLaughlin v. UMass Corr. Health, Docket Number: 05-1474,
SUPERIOR COURT OF MASSACHUSETTS, AT NORFOLK, April 26, 2006, Filed
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Overview: Summary judgment was entered for a contract medical vendor and three of its personnel on a prisoner's Eighth Amendment and Mass. Const. Decl. Rights art. XXVI claims as the prisoner failed to show that root canal, post, and crown treatment was appropriate and that denial of such treatment amounted to deliberate indifference.
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| Moore-Davis v. Roxbury Multi-Service Ctr., Inc., Docket Number: 04-4139H,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, April 26, 2006, Decided
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Overview: An employee alleged in her Mass. Gen. Laws ch. 151B, § 4 claim that she was not allowed to return to her regular office as planned after she complained of sexual harassment. While that action was not as obviously adverse as termination or demotion, summary judgment was not proper because the employer's state of mind in relocating her was at issue.
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| Commonwealth v. Nieves, SJC-09615,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, April 27, 2006, Decided
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Overview: In order to continue the commitment of an incompetent person alleged to be continually sexually dangerous under Mass. Gen. Laws ch. 123A, the Commonwealth was required to seek appointment of a court-appointed attorney for the incompetent person before the expiration of the initial term of one year.
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| Commonwealth v. Spearin, SJC-09524,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, April 27, 2006, Decided
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Overview: Defendant was improperly convicted of building destruction while unlawfully assembled and of refusing to disperse from unlawful assembly under Mass. Gen. Laws ch. 269, §§ 1 and 7; statutes did not apply to riots at county prisons but to those in cities or towns. City officials had to order assemblies to disperse but had no power to control prisons.
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| Andrews v. Civil Serv. Comm'n, SJC-09620,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, April 28, 2006, Decided
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Overview: Affirmance was proper of civil service commission's decision dismissing disabled veteran's challenge to his layoff by state agency; relevant positions retained by other employees were not equivalent, provisional nature of promotions of other employees was irrelevant, and right to request demotion in lieu of discharge did not apply to his position.
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