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| Brooslin v. Kimball, Opinion No.: 98816, Docket Number: 2006-00226,
SUPERIOR COURT OF MASSACHUSETTS, AT HAMPDEN, May 25, 2007, Decided, May 25, 2007, Filed
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Overview: Because the attorneys' cause of action for contribution was based on a discrimination action, which accrued when a former employee filed her complaint, the contribution action was time barred as it occurred more than three years earlier. It was barred as the underlying claim involved a Mass. Gen. Laws ch. 151B action.
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| Dapkas v. Mass. Civ. Serv. Comm'n, Opinion No.: 98805, Docket Number: 06-2048-E,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, May 25, 2007, Filed
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Overview: Judgment was affirmed as substantial evidence under Mass. Gen. Laws ch. 30A, § 1(6) supported Massachusetts Civil Service Commission's findings that officer backdated incident report and that report was false. Officer's testimony that shift commander would not accept report was not credible.
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| Fed. Ins. Co. v. CBT/Childs Bertman Tseckares, Inc., Opinion No.: 98213, Docket Number: 2004-05022G,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, May 25, 2007, Decided
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Overview: Summary judgment motion was denied as, even though owner waived architect's liability for ordinary negligence, waiver was contrary to public policy as insurer alleged that architect negligently failed to comply with statutory duties. Engineer could not avoid liability on waiver theory as his contract did not contain waiver.
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| Hamel v. Bd. of Registration, SJC-09826,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, May 25, 2007, Decided
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| In re Moore, SJC-09840,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, May 25, 2007, Decided
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Overview: A single justice was warranted in concluding that an attorney engaged in the unauthorized practice of law in the Commonwealth during the period of his suspension since the attorney did not challenge by way of answer, affidavits, or testimony, bar counsel's evidence concerning the unauthorized practice of law.
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| In re Sheridan, SJC-09818,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, May 25, 2007, Decided
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Overview: Attorney was properly suspended for one year and one day under Mass. Sup. Jud. Ct. R. 4:01, § 16, as the length of the suspension was not markedly disparate from that ordered in comparable cases, based on the attorney's pattern of neglect in handling client matters and failure to notify bar counsel of his prior discipline in New Hampshire.
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| Maffei v. Roman Catholic Archbishop, SJC-09807,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, May 25, 2007, Decided
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Overview: Summary judgment was properly granted to a church in a suit brought by certain parishioners to have real estate returned to them after the church closed because the First Amendment prohibited the court from inquiring into any alleged pastoral duties owed by the church's priesthood to its laity concerning matters of canon law.
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| Mass. Concrete & Aggregate Producers Ass'n v. Reilly , Docket Number: 06-02649-E,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, May 25, 2007, Decided, May 25, 2007, Filed
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Overview: Construction workers organization could permissively intervene under Mass.R.Civ.P. 24(b) in a declaratory action challenging the legality of 2004 Mass. Acts 306 because the motion was timely filed prior to trial and the organization had a common interest with the existing parties as its members would be directly affected by the statute.
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| Quincy Mut. Fire Ins. Co. v. Quisset Props., No. 06-P-735,
APPEALS COURT OF MASSACHUSETTS, May 25, 2007, Decided
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Overview: A father's failure to notify an insurer of a corporation's dissolution was not a material misrepresentation that increased the risk of loss to the insurer within the meaning of Mass. Gen. Laws ch. 175, § 186 because neither an insurance policy provision nor a renewal application required the insured to provide updated information to the insurer.
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