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| Commonwealth v. Estrada, No. 06-P-1328,
APPEALS COURT OF MASSACHUSETTS, July 3, 2007, Decided
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Overview: An order vacating defendant's admissions was reversed as he did not claim he was under the influence of any substance during the colloquy and the record showed that he was competent. The order was affirmed as to the voluntariness and intelligence of his admissions. The case was remanded on an ineffective assistance of counsel claim.
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| Curcuru v. Rose's Oil Serv., No. 06-P-1475,
APPEALS COURT OF MASSACHUSETTS, July 3, 2007, Decided
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Overview: Because the surviving spouses' DOHSA claims were maritime claims, postjudgment interest on their judgments was to be calculated pursuant to federal law under 28 U.S.C.S. § 1961; therefore, the trial court properly applied the federal postjudgment interest rate instead of the state postjudgment interest rate.
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| Beston v. McGlynn, Opinion No.: 98826, Docket Number: 04-4419,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, July 5, 2007, Decided
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Overview: An insurance broker was entitled to summary judgment on claims by a former city employee whose policy had terminated for lack of premium payments. The broker had the duty to ensure that the policy was entered into correctly before the city began deducting premiums from the employee's pay, but it did not have a duty to maintain the policy.
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| Commonwealth v. Portonova, No. 04-P-1527.,
APPEALS COURT OF MASSACHUSETTS, July 6, 2007, Decided
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Overview: Because defendant, inter alia, told the victim to "play with herself," even though defendant failed to object to the trial judge's failure to give a lack of consent instruction for the indecent assault and battery counts, he was entitled to a new trial under Mass. Gen. Laws ch. 265, § 13F.
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| Regency Constr. & Mgmt. v. Bbc Co., Opinion No.: 99090, Docket Number: 02-CV-2854-F,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, July 6, 2007, Decided
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Overview: General contractor, pursuant to Mass. Gen. Laws ch. 30, § 390, was precluded from asserting at trial delay damages against a subcontractor as contract prohibited the recovery of delay damages. It made no sense to allow general contractor to recover delay damages from subcontractor when subcontractor was prohibited from doing so against contractor.
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| Wolovick's Case, No. 06-P-1591.,
APPEALS COURT OF MASSACHUSETTS, July 6, 2007, Decided
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Overview: Because a diagnosis of multiple chemical sensitivity could not legally support an award of an award of ongoing benefits, the Industrial Accident Reviewing Board properly denied and dismissed an employee's Mass. Gen. Laws ch. 152, § 34A claim for permanent total incapacity benefits.
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