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| Mass. Gen. Hosp. v. Comm'r of the Div. of Med. Assistance, No. 05-P-642,
APPEALS COURT OF MASSACHUSETTS, June 8, 2006, Decided
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Overview: Medicaid reimbursement regulations such as 130 Mass. Code Regs. § 450.204, were not vague or against federal policy; they did not make hospital, to which reimbursement was denied, meet unascertainable standard. Patients' services were not "medically necessary" under § 450.204; services were appropriate but should have been on an outpatient basis.
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| T & D Video, Inc. v. City of Revere, No. 05-P-109,
APPEALS COURT OF MASSACHUSETTS, June 8, 2006, Decided
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Overview: In finding that adult entertainment ordinances left no reasonable alternative sites on which a corporation could operate its adult video business, the trial court properly credited the testimony of the corporation's land use experts; thus, it properly held that the ordinances violated the First Amendment and Mass. Const. Decl. Rights art. 16.
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| Ward v. Kylander, Docket Number: 2003-2030,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, June 8, 2006, Filed
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Overview: Patient's claim that a hospital violated Massachusetts Patient's Bill of Rights, Mass. Gen. Laws ch. 11, § 70E, failed because the hospital required physicians to obtain informed consent before performing surgery, and patient's doctor complied by having the patient sign an informed consent form prior to the surgery.
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| Commonwealth v. Schmitt, Docket Number: WOCV2002-01529,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, June 9, 2006, Filed
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Overview: Because a prisoner had a history of sexual abuse of young boys and two examiners testified that the prisoner had demonstrated no inhibitions toward sexual abuse of children and had a high likelihood to reoffend in the future, the court determined that the prisoner was a sexually dangerous person within the meaning of Mass. Gen. Laws ch. 123A.
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| Lothian v. Mumford, Docket Number: 00-02565,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, June 9, 2006, Decided , June 9, 2006, Filed
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Overview: A corporate officer had a right to summary judgment in a suit for breach of employment contract; officer acted only in her corporate capacity, not individually, when she hired and fired a manager, and no reason to pierce corporate veil was shown, despite manager's claim that she was fired for revealing officer's mismanagement of corporate finances.
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| Magane v. Concannon, Docket Number: 03-1759A,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, June 9, 2006, Filed
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Overview: Zoning board of appeals properly denied variance applications by land owners, because the city's zoning by-laws prohibited open-air storage of heavy equipment in the zone where the disputed property was located, and the application failed to satisfy the requirements for a variance under Mass. Gen. Laws ch. 40A, § 10.
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