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| Brear v. Fagan, SJC-09657,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, June 19, 2006, Decided
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Overview: Under Mass. Gen. Laws ch. 184, § 27(a), subdivision and development of owners' land did not violate restrictions imposed by deeds to their predecessors in title, as plaintiff's land was not expressly identified as land to be benefited by restrictions and they expired by their own terms, notwithstanding recording of notice seeking to extend them.
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| Commonwealth v. DeOliveira, SJC-09608,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, June 19, 2006, Decided
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Overview: A six-year-old victim's statements to a doctor concerning her rape were made for purposes of medical evaluation and treatment and were not "testimonial" under Crawford v. Washington. Therefore, the trial court erred in excluding them on grounds that their admission would violate defendant's rights under the Six Amendment's Confrontation Clause.
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| Commonwealth v. Santos, Docket Number: 2005-1516,
SUPERIOR COURT OF MASSACHUSETTS, AT ESSEX, June 19, 2006, Filed
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Overview: Because the information provided to a police officer by unidentified woman did not provide a sufficient basis for an investigatory stop of the car in which defendant was a passenger, defendant's motion to suppress was allowed.
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| Commonwealth v. Soeun Soeuy, Docket Number: 2005-1883,
SUPERIOR COURT OF MASSACHUSETTS, AT ESSEX, June 19, 2006, Decided , June 19, 2006, Filed
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Overview: Defendant's motion to suppress was denied as to claims alleging a violation of his reasonable expectation of privacy, as a police officer did not violate defendant's reasonable expectation of privacy by checking the tailpipe of a vehicle parked in a driveway open to the public to determine if the vehicle had been used recently.
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| KRR Pembroke, LLC v. Global Data Sys., Docket Number: PLCV2005-00869,
SUPERIOR COURT OF MASSACHUSETTS, AT PLYMOUTH, June 19, 2006, Decided
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Overview: Tenant's negligent misrepresentation claim against its landlord, based on alleged discrepancies in the size of the leased premises, was time-barred under Mass. Gen. Laws ch. 260, § 2A, because it could have easily the ascertained the size of the premises when it moved in, but filed its counterclaim against the landlord over three years later.
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| Waters v. Earthlink, Inc., Docket Number: BACV01-11887WGY,
SUPERIOR COURT OF MASSACHUSETTS, AT BARNSTABLE, June 19, 2006, Decided
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Overview: Even if internet customer could prove breach of services contract, purchasing corporations were not liable; buying a corporation did not automatically put buyers in shoes of original provider as to contract. Corporations were possibly negligent, but negligence was not unfair and deceptive trade practice and did not violate Mass. Gen. Laws ch. 93A.
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| Commonwealth v. Dasilva, No. 04-P-1437,
APPEALS COURT OF MASSACHUSETTS, June 20, 2006, Decided
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Overview: Defendant's motion to suppress was properly denied as officers had reasonable suspicion to stop defendant under Mass. Const. Decl. Rights art. XIV based on anonymous tip that was corroborated by officers' first-hand observation of defendant's identity and defendant's movement of hand toward waistband, flight, location, and clothes.
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