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| Commonwealth v. Hines, SJC-09789,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, May 18, 2007, Decided
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Overview: Defendant's conviction of unlawful possession of a firearm while in the commission of a felony, Mass. Gen. Laws ch. 265, § 18B, was affirmed, as the language of the statute did not require possession of a firearm during the active commission of a felony, but instead applied to the commission of any felony.
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| Commonwealth v. Luthy, No. 06-P-889,
APPEALS COURT OF MASSACHUSETTS, May 18, 2007, Decided
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Overview: Trial court erred in granting defendants' motion to suppress evidence seized at their residence, because the search warrant affidavit was sufficient, as it was reasonable for the magistrate to infer that drugs were present in the residence based on evidence that a defendant ran a drug distribution operation out of the residence.
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| Shea v. Weston Golf Club, Opinion No.: 98188, Docket Number: 02-01826,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, May 18, 2007, Decided
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Overview: Employees were entitled to summary judgment on their claim against their employer, as the failure of the employer to have remitted payments from members' food and beverage bills that were labeled "gratuity/service charges" was a violation of Mass. Gen. Laws. ch. 149, § 152A (1983).
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| Town of Bedford v. AFSCME Council 93, Local 1703, No. 06-P-407,
APPEALS COURT OF MASSACHUSETTS, May 18, 2007, Decided
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Overview: Since the issue of whether the grievances were timely received by the town was a procedural issue that the parties' agreement did not expressly exclude an arbitrator from deciding, and that procedural question grew out of and applied to the final disposition of the parties' labor dispute, a stay under Mass. Gen. Laws ch. 150C, § 2(b) was improper.
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| Alphagary Corp. v. Gitto, Opinion No.: 98284, Docket Number: 2003-0384-A,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, May 21, 2007, Filed
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Overview: Defendant corporation's counterclaims for various torts and violations of Mass. Gen. Laws chs. 93 and 93A were summarily dismissed; a prior criminal proceeding did not end in defendant's favor, there was no viable antitrust or deceptive act claim, and entry by employees of plaintiff during execution of a warrant was not unprivileged.
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| Bortolotti v. Hayden, SJC-09882,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, May 21, 2007, Decided
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Overview: A right of first refusal in a real estate deed did not violate the common-law rule against perpetuities because a right of first refusal did not become an option to purchase property until an owner decided to accept a third-party offer and it did not compel the owner to sell or encumber the owner's ability to sell for a lengthy period of time.
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| Commonwealth v. King, No. 06-P-198,
APPEALS COURT OF MASSACHUSETTS, May 21, 2007, Decided
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Overview: Because the evidence supported findings that defendant violated Mass. Gen. Laws ch. ch. 265, § 17 and Mass. Gen. Laws ch. 268, § 13B by threatening to shoot the victim if a robbery were reported by television news, even though no weapon was found, counsel was not ineffective for failure to object to a jury instruction defining the victim.
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| Gemme v. Holden, Opinion No.: 98289, Docket Number: 2006-00723C,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, May 21, 2007, Decided
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Overview: A city police chief's action for certiorari of a district court's decision under Mass Gen. Laws ch. 140, § 131, ordering him to reinstate a firearms license, was remanded because the district court failed to conduct an evidentiary hearing as required under § 131, and thus, there was no record for the court to review on the certiorari petition.
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| Visnick v. Hawley, No. 06-P-614,
APPEALS COURT OF MASSACHUSETTS, May 21, 2007, Decided
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Overview: In action alleging interference with tenant's right of possession, the landlord could not raise argument that a commercial tenant at sufferance enjoyed no right of quiet enjoyment and thus no right to recover damages for interference with its possessory interest as the denial of the landlord's Mass.R.Civ.P. 60(b)(5) and (6) motion was not appealed.
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