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| Commonwealth v. Campbell, No. 05-P-1702,
APPEALS COURT OF MASSACHUSETTS, May 31, 2007, Decided
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Overview: Stop of defendant's vehicle was justified by information officers had at the time of the stop, including the fact that a person with a gun was heading away from a bar where gunshots were heard and was driving a black vehicle with a specified license plate; while defendant's vehicle was a different make and model, other descriptions given matched.
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| Commonwealth v. Kolodziej, No. 05-P-1840,
APPEALS COURT OF MASSACHUSETTS, May 31, 2007, Decided
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Overview: Evidence obtained following stop of defendant's car was admissible as manner defendant operated vehicle, struggling with passenger and repeatedly switching seats while car was moving, constituted independent, intervening criminal act dissipating taint of prior unlawful seizure caused by error in believing car's inspection sticker was expired.
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| Lanza v. EQR-Lincoln Lawrence, L.L.C., No. 06-P-394,
APPEALS COURT OF MASSACHUSETTS, May 31, 2007, Decided
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Overview: Injured employee's appeal of the dismissal of his claim against a drywall contractor was denied because he cited no authority to support his claim concerning the existence and scope of duty of care contractor allegedly owed to him, as required by Mass.R.A.P. 16(a)(4), and there was no evidence regarding who moved the sheetrock that fell on him.
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| Patel v. Amresco SBA Holdings, Inc., No. 05-P-1867,
APPEALS COURT OF MASSACHUSETTS, May 31, 2007, Decided
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Overview: As a guarantor's obligation on a note became a "debt contracted" within the meaning of Mass. Gen. Laws Ann. ch. 188, § 1(2), when the maker defaulted, which occurred two years before the guarantor's recording of homestead protection on his property, that property was not subject to a homestead exemption under Mass. Gen. Laws Ann. ch. 188, § 1A.
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| Chokel v. Genzyme Corp., SJC-09761,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, June 4, 2007, Decided
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Overview: A superior court properly dismissed a shareholder's claim that the corporate directors breached the implied covenant of good faith and fair dealing as an expectation that shareholders would have received true market value only if measured at certain favorable moments created an expectation beyond the terms of the articles of incorporation.
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| Commonwealth v. Hubbard, No. 05-P-1614,
APPEALS COURT OF MASSACHUSETTS, June 4, 2007, Decided
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Overview: In prosecution of defendant for unlawful possession of a firearm, there was sufficient independent extrinsic evidence establishing defendant's possession of the gun, even though defendant argued that the only evidence establishing the offense element of unlawful possession of a firearm was his own incriminating statement to the police.
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| Imprimis Investors, LLC v. KPMG Peat Marwick LLP, No. 05-P-1462,
APPEALS COURT OF MASSACHUSETTS, June 4, 2007, Decided
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Overview: Investors' claim under Mass. Gen. Laws ch. 93A, § 11, against independent auditor of a company that became insolvent was properly dismissed, as investors had no contract or business relationship with the auditor, which played no active role in the investors' loan to company, and investors did not rely on auditor's report in funding the loan.
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| Mohamad v. Kavlakian, No. 06-P-272,
APPEALS COURT OF MASSACHUSETTS, June 4, 2007, Decided
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Overview: Where a judgment creditor's allegations sufficiently raised the question whether a contempt defendant participated with a mortgagor in violating an underlying order requiring payments due on a mortgage be paid into court, the trial judge erred in not issuing a summons under Mass. R.Civ.P. 65.3(d).
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| United States Gypsum Co. v. Exec. Office of Envtl. Affairs, No. 06-P-169,
APPEALS COURT OF MASSACHUSETTS, June 4, 2007, Decided
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Overview: Judgment was reversed as Director of Massachusetts Office of Coastal Zone Management did not have discretion under 301 Mass. Code Regs. § 25.03(5) to exclude from designated port area otherwise includable property as regulatory framework was intended to preserve coastal zone from irretrievable commitment to non-water dependent development.
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