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| DeRoche v. Mass. Comm'n Against Discrimination, SJC-09619,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, June 12, 2006, Decided
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Overview: An award of prejudgment interest against a municipality by the Massachusetts Commission Against Discrimination in a retaliation case was upheld, pursuant to Mass. Gen. Laws ch. 151B, as sovereign immunity was waived regarding such interest.
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| Hanson v. Cadwell Crossing, LLC, No. 05-P-1500.,
APPEALS COURT OF MASSACHUSETTS, June 12, 2006, Decided
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Overview: Where deeds and a plan did not establish that a strip retained after the sale of abutting properties was intended to be used as a road, abutters did not own the fee to the center under Mass. Gen. Laws ch. 183, § 58 (as amended by 1990 Mass. Acts ch. 378, § 1), the derelict fee statute, and another owner had properly been granted road approval.
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| Lopez v. Superior Nut Co., Docket Number: 02-5299,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, June 12, 2006, Filed
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Overview: Where the former employee asserted numerous employment discrimination claims against the employer and coworkers and where the hours spent and hourly fees charged were reasonable, the employee's requested attorneys fees were reduced by 40 percent because the employee was only successful on one of her claims.
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| Shaw v. Murphy, Docket Number: 05-4035-E,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, June 12, 2006, Decided , June 12, 2006, Filed
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Overview: Where the patient did not obtain prior approval before obtaining a non-emergency surgery, Medicaid coverage was properly denied. 130 Mass. Code Regs. 433.408 required prior approval for non-emergency services. This was consistent with 42 U.S.C.S. § 1396a(a)(30)(A), which required states to safeguard against unnecessary use of care and services.
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| Commonwealth v. Santiago, No. 05-P-698.,
APPEALS COURT OF MASSACHUSETTS, June 13, 2006, Decided
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Overview: It was error to hold that a search warrant application did not establish a nexus between proceeds and records of an alleged drug business and a residence. The affidavit as a whole, along with a detective's experience that drugs would likely be kept separate from records or proceeds, established probable cause that records would be found there.
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| Conte v. Marine Lumber Co., No. 04-P-1543,
APPEALS COURT OF MASSACHUSETTS, June 13, 2006, Decided
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Overview: Where a lumber company had taken a quitclaim deed from a debtor-customer, but his remote predecessor had not adversely possessed that portion of a larger tract, and a later repurchase by the customer was from a stranger who had purchased from another stranger to the questioned transaction, estoppel by deed and equitable estoppel were not available.
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| McFadyen v. Maki, Docket Number: MICV2005-01190-C,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, June 13, 2006, Decided
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Overview: That the owner of a "pick-your-own" Christmas tree farm did not post warning sign mandated by Mass. Gen. Laws ch. 128, § 2E did not deny him the protections from liability afforded by that statute. Therefore, owner was granted summary judgment as to negligence and gross negligence claims filed by a customer who was allegedly injured at the farm.
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| Batesville Casket Co. v. Merlin Enters. Realty Trust, Docket Number: 96-0561A,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, June 14, 2006, Filed
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Overview: A commercial tenant's claims for conversion, unjust enrichment, and violation of Mass. Gen. Laws. ch. 93A were dismissed. The tenant's payment of rent and renewal of an insurance policy after the lease expired made it reasonable for defendants to conclude that there had been no surrender of the property, thereby establishing a tenancy at will.
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| City of Somerville v. Somerville Mun. Emples. Ass'n, Docket Number: MICV2005-02558-C,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, June 14, 2006, Decided
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Overview: Where a collective bargaining agreement did not conflict with Mass. Gen. Laws Ann. ch. 150E, § 7(d) or Mass. Gen. Laws Ann. ch. 115, § 10 by requiring a "Unit B" applicant's appointment to a "Unit A" position absent a showing that a non-union applicant was superior, an arbitrtor's finding that the "Unit B" applicant should be appointed was proper.
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| Deeter v. Valentino, Docket Number: 01-0385,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, June 14, 2006, Filed
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Overview: Because the property owners presented no evidence that a unique condition existed on their land that justified granting a variance and they did not show a substantial hardship, as they had constructive notice that the property was located in the floodplain, their request was properly denied pursuant to Mass. Gen. Laws ch. 40A, § 10.
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