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| Brown v. Commonwealth, Opinion No.: 98835, Docket Number: 04-1756,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, June 13, 2007, Decided, June 13, 2007, Filed
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Overview: Because a sexually dangerous person (SDP) was indisputably a person who had been adjudicated an SDP before September 1, 1990, he fit within the group of SDPs whom the Commonwealth continued to have the authority to confine subject to his right to petition for discharge pursuant to Mass. Gen. Laws ch. 123A, § 9.
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| Commonwealth v. Starkus, No. 06-P-295,
APPEALS COURT OF MASSACHUSETTS, June 13, 2007, Decided
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Overview: In action to have defendant committed as sexually dangerous person under Mass. Gen. Laws ch. 123A, § 12(b), among other things, police report relating to prior conviction for assault and battery was admissible under Mass. Gen. Laws ch. 123A, § 14(c), as conviction arose out of plea bargain involving similar sexual offense, rape of 14-year-old girl.
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| Driscoll v. Providence Mut. Fire Ins. Co., No. 06-P-1137,
APPEALS COURT OF MASSACHUSETTS, June 13, 2007, Decided
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Overview: Since an insurance claim did not require a finding that a collapse occurred in order for a loss to be covered and damage caused by the weight of snow and ice was not excluded, the trial court properly determined that there was coverage under a business owner's policy in regard to a rental property which had outward-leaning walls among other things.
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| Merrimack Mut. Fire Ins. Co. v. Slater, Opinion No.: 98817, Docket Number: 2004-110,
SUPERIOR COURT OF MASSACHUSETTS, AT BRISTOL, June 13, 2007, Decided, June 13, 2007, Filed
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Overview: Insured was entitled to recover for damages arising out of incident where insured's husband barricaded himself in the attic of insured's home because husband's actions were not intentional but were caused by reaction to medication and conduct of the husband was the active efficient proximate cause of loss sustained from actions of the authorities.
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| Watson v. Dudley Super-Market, Inc. , Docket Number: 06-01116C,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, June 13, 2007, Filed
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Overview: Because a minor presented no evidence of "good cause" that prevented him from effecting timely service on a store other than "excusable neglect and inadvertence," the store's Mass. R.Civ.P. 4(j) motion to dismiss was granted, and the minor's complaint was dismissed without prejudice.
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| Boothroyd v. Zoning Bd. of Appeals, SJC-09896,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, June 14, 2007, Decided
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Overview: Town zoning board of appeals could override local "requirements and regulations" in considering a comprehensive permit under Mass. Gen. Laws ch. 40B, § 21 for an affordable housing project after the town had satisfied its minimum affordable housing obligation; the "consistent with local needs" standard in Mass. Gen. Laws ch. 40B, § 23 applied.
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| Cabreira v. Verizon New Eng., Inc., Opinion No.: 98481, Docket Number: 04-3260G,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, June 14, 2007, Decided
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Overview: Summary judgment was denied where genuine issues of fact existed as to whether the circumstances surrounding a construction site incident were such that a project owner owed a duty of care to an independent contractor's employee, who was killed in the incident; a jury could have found that the owner retained control over the work and safety.
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| Commonwealth v. Mateo-German, Docket Number: BRCR2006-0790,
SUPERIOR COURT OF MASSACHUSETTS, AT BRISTOL, June 14, 2007, Decided, June 14, 2007, Filed
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Overview: Officer's request for defendant's driver's license and registration was appropriate part of community caretaking function; canine sniff was improper as facts cited by officer as supporting belief criminal activity was afoot were completely innocuous and did not, even considered as a whole, give rise to a reasonable suspicion of criminal activity.
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| JAT Constr., Inc. v. Saia, Opinion No.: 98645, Docket Number: 06-2864,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, June 14, 2007, Decided
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Overview: Where homeowners alleged that third-party defendants forged a signature on a building permit application and misrepresented their connection to a corporate contractor, their conspiracy claims were dismissed because they did not allege coercion or a common plan, but their Mass. Gen. Laws ch. 93A claim and certain other claims survived dismissal.
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