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| Kelliher v. Hanover Ins. Co., Opinion No.: 99188, Docket Number: 2004-01050,
SUPERIOR COURT OF MASSACHUSETTS, AT HAMPDEN, June 22, 2007, Decided, June 22, 2007, Filed
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Overview: Because plaintiff was a member of her mother's household, whose UM policy named her as an operator but not as an insured, under Mass. Gen. Laws ch. 175, § 113L(5), she could make a claim for UIM coverage only from her mother's policy, not under the policy that covered the car in which plaintiff had been a passenger.
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| McCance v. McCance, SJC-09917,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, June 22, 2007, Decided
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Overview: Trustees were entitled to reformation of charitable remainder trust to conform to settlor's intent that he and contingent income beneficiary had ability to make voluntary transfers of interest to foundation during their lives because trust removed the acceleration provision and a private letter ruling of IRS altered the trust's tax consequences.
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| Polito v. Sch. Comm. of Peabody, No. 06-P-606,
APPEALS COURT OF MASSACHUSETTS, June 22, 2007, Decided
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Overview: Under the plain meaning of a contract provision, a school administrator could be discharged only for good cause and could arbitrate a discharge determination from the first day to the last day of the contract term, and he did not need to be employed for three years per Mass. Gen. Laws ch. 71, § 41, before he was entitled to arbitration.
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| Renaissance Dev. Corp. v. Granger, Opinion No.: 98829, Docket Number: 2006-2041A,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, June 22, 2007, Decided
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Overview: Because the filing of the appeal was the only action that the new restaurant operator labeled as wrongful, the abutting restaurant met its initial burden pursuant to Mass. Gen. Laws ch. 231, § 59H. In contrast, the new restaurant operator had not met its burden. Thus, the motion to dismiss the counterclaims was allowed.
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| Smith v. Jones, No. 06-P-1045,
APPEALS COURT OF MASSACHUSETTS, June 22, 2007, Decided
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Overview: Judgment was affirmed as mother's intent to coparent child with partner was lacking since mother travelled alone to adopt child and chose child without consulting partner. Mother gave child her own last name, consented to major surgery for child without consulting partner, and did not authorize partner to make medical decisions regarding child.
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| E. Bag & Paper Co. v. Ross, Opinion No.: 99189, Docket Number: 07-CV-2089-L,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, June 23, 2007, Decided
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Overview: A trial court granted a former employer's motion for a preliminary injunction pursuant to Mass. R.Civ.P. 65 against a former employee in the employer's breach of contract action, seeking to enforce a noncompetition agreement, as the necessary elements were met where the agreement was reasonable and the employee took a job with a direct competitor.
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