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| Dean v. Gonsalves, Docket Number: 03-1406,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, June 5, 2007, Filed
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Overview: Because an administrator failed to provide contradictory evidence sufficient to remove the issue of the identity of a truck and driver which hit the decedent from the realm of speculation and sufficient to demonstrate the existence of a genuine issue of fact that the driver's truck was at the scene of the accident, summary judgment was granted.
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| In re LiBassi, SJC-09813,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, June 5, 2007, Decided
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Overview: Lawyer was disbarred because he converted to his own use funds which he held for a client, failed to comply with a temporary suspension order, and made intentional misrepresentations both to bar counsel and to the appellate court by stating, under oath, that he was complying with all of the terms of the temporary suspension order.
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| Molly A. v. Comm'r of the Dep't of Mental Retardation, No. 06-P-206,
APPEALS COURT OF MASSACHUSETTS, June 5, 2007, Decided
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Overview: Summary judgment was affirmed in part; Mass. Gen. Laws ch. 71B, §§ 12A-12C (turning twenty-two statute), not Mass. Gen. Laws ch. 123B, §§ 1-3 (transfer statute), applied to individual's transfer to new facility in transition to adult services provided by Massachusetts Department of Mental Retardation as no individual service plan was yet in place.
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| Ariel v. Town of Kingston, No. 06-P-825,
APPEALS COURT OF MASSACHUSETTS, June 6, 2007, Decided
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Overview: Because the immunities contained in Mass. Gen. Laws ch. 258, § 10 operated in the alternative, the trial court's analysis should have stopped with the determination that a town was immune from suit and liability under § 10(h); therefore, denial of the town's motion to dismiss based on the exception in § 10(j)(2) was error.
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| Billings v. GTFM, LLC, SJC-09894,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, June 6, 2007, Decided
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Overview: When plaintiff involuntarily lost his interest in an LLC after filing derivative and direct claims, his derivative claims under Mass. Gen. Laws ch. 156C, § 56 were properly dismissed for lack of standing. Because he had not pleaded that the loss was caused by defendants' fraud or misconduct, he had no equitable grounds on which to base standing.
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| Quincy Mut. Ins. Co. v. W.C. Wood Co., Opinion No.: 98480, Docket Number: 04-02346,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, June 6, 2007, Decided
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Overview: Doctrine of spoliation was inapplicable where a testing company destroyed an allegedly faulty refrigerator, as the company was not a party to the litigation, and the parties in the case did not impose a duty on the company by serving it with a subpoena duces tecum pursuant to Mass.R.Civ.P. 45(b) or by entering into a contract with it.
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