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| Batishchev v. Cote, Opinion No.: 98477, Docket Number: 05-4074-E,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, June 7, 2007, Decided
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Overview: Buyers received the left-hand condominium unit and if the sellers' misrepresentations had been true, they would have received the right-hand unit; as a result, the correct measure of damages was the buyers' loss of the "benefit of their bargain," which was the difference between the value of the left-hand unit and the right-hand unit.
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| Batishchev v. Cote, Opinion No.: 98478, Docket Number: 05-4074-E,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, June 7, 2007, Decided
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Overview: Although buyers did not reasonably rely on false information from a seller's realtor about water damage in a condominium unit, the realtor violated Mass. Gen. Laws ch. 93A, § 2(c) because the buyers' reliance was not required and the realtor's deceptive actions tended to deceive and may have influenced the buyers' action.
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| Commonwealth v. Iguabita, No. 06-P-960,
APPEALS COURT OF MASSACHUSETTS, June 7, 2007, Decided
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Overview: A trial court did not err in admitting two women's testimony as, even if the acts were consensual, their evidence demonstrated a similar modus operandi by defendant with the two women as with the 15-year-old victim of the sexual assault.
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| Registry of Motor Vehicles v. Stevens, Opinion No.: 98825, Docket Number: 2006-01624,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, June 7, 2007, Filed
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Overview: A trial court erred in holding that a driver whose license had been suspended under Mass. Gen. Laws ch. 90, § 24 had been misled by a police officer about how long her license could be suspended if she refused a breathalyzer. The trial court could not substitute its judgment for that of a hearing officer who had not credited the driver's testimony.
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| Scully Signal Co. v. Guay, Opinion No.: 98602, Docket Number: 07-1740,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, June 7, 2007, Decided
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Overview: Because there was no indication that an employee appropriated proprietary information, because his new employer was rarely in direct competition with the employer, and because the employee's sales responsibilities did not compete with the employer's products, the employer failed to make the required showing for issuance of a preliminary injunction.
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| Commonwealth v. Millican, SJC-09687,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, June 8, 2007, Decided
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Overview: Because Mass. Gen. Laws ch. 90, § 24G(a) prohibited dispositions for all prosecutions under § 24G, including prosecutions for misdemeanor vehicular homicide under § 24G(b), the single justice lacked authority to continue without a finding a case of misdemeanor vehicular homicide.
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| Commonwealth v. Sykes, Docket: SJC-09770,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, SUFFOLK, June 8, 2007, Decided
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Overview: Gun discarded by defendant was improperly suppressed because following defendant after he sped up on his bicycle when asked if he would speak to police officers did not constitute pursuit; an illegal seizure had not occurred at that point under Mass. Const. Decl. Rights art. 14 as the officers did not restrict defendant's movement.
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| Dalbec's Case, No. 06-P-358,
APPEALS COURT OF MASSACHUSETTS, June 8, 2007, Decided
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Overview: Although Mass. Gen. Laws ch. 152, § 11A(2) allowed an administrative judge (AJ) to determine that an employee's disability hinged on occupational as well as medical considerations, the AJ's determination of the employee's earning ability was arbitrary under Mass. Gen. Laws ch. 30A, § 14(7)(g) as it lacked a factual source or reasoned explanation.
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| Data Cable Networks, Inc. v. Gogan, Opinion No.: 98483, Docket Number: 05-02479,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, June 8, 2007, Decided
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Overview: Minority shareholder's summary judgment motion was allowed as to majority shareholders' breach of fiduciary duty claim as it was not a breach of fiduciary duty for minority shareholder to plan and prepare for creation of competing business if he continued to carry out commitments to close corporation.
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