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| Commonwealth v. Carlson, SJC-09632,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, June 21, 2006, Decided
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Overview: Because there was no question that defendant's negligent failure to stop at an intersection set in motion a chain of events that resulted in the victim's death, as the victim had to be intubated due to the accident, and the victim had the right to be taken off a ventilator, defendant was properly convicted under Mass. Gen. Laws ch. 90, § 24G(b).
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| Mass. Tpk. Auth. v. Labor Rels. Comm'n, Docket Number: 06-0510-C,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, June 21, 2006, Decided , June 21, 2006, Filed
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Overview: Complaint that raised issues of whether a state commission had properly certified a union as the appropriate collective bargaining unit for certain classes of turnpike authority's employees was dismissed. Administrative claim against authority was still pending and therefore, it had not exhausted its administrative remedies.
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| Mellor v. Accounting Solutions, Docket Number: 06-0455B,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, June 21, 2006, Decided
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Overview: An employee's claims of intentional infliction of emotional distress were barred by the Massachusetts Workers' Compensation Act as to her employers, but as to coworkers, the claims were not barred because coworkers were not immunized for tortious acts committed outside the scope of their employment and unrelated to the employers' interests.
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| Sea Pines Condo. III Ass'n v. Mostyn, Docket Number: 1999-00428,
SUPERIOR COURT OF MASSACHUSETTS, AT BARNSTABLE, June 21, 2006, Decided
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Overview: Plaintiff had not acquired title to defendant's property through adverse possession and thus had not acquired a prescriptive easement. It had not established actual and exclusive use or notorious use, and assuming that its continuous and uninterrupted use began with trimming in the 1980s, it had not met the requirement of such use for 20 years.
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| Commonwealth v. Eller, No. 05-P-632,
APPEALS COURT OF MASSACHUSETTS, June 22, 2006, Decided
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Overview: Because police officers saw defendant meet with a known cocaine addict and then return to the motel, and given his decade-long history of using his place of residence as a base for his drug selling operation, it was reasonable to infer that he continued his well-established pattern of selling drugs from his residence when he moved into a motel.
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| Commonwealth v. Giarusso, Docket Number: 2005-1450,
SUPERIOR COURT OF MASSACHUSETTS, AT ESSEX, June 22, 2006, Decided , June 22, 2006, Filed
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Overview: Defendant's motion to suppress evidence was denied, because defendant consented to the warrantless entry into his apartment by the police, at which time a sawed-off shotgun was discovered, as defendant called for police assistance concerning an altercation and invited the police to enter the apartment.
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| In re A Grand Jury Subpoena, SJC-09714,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, June 22, 2006, Decided
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Overview: Trial court erred in granting a wife's application to quash a subpoena requiring her to testify against her husband in a grand jury proceeding because the spousal privilege under Mass. Gen. Laws ch. 233, § 20 did not apply to grand jury proceedings, as such proceedings were not trials as used in the statute.
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| Sivieri v. Commonwealth, Docket Number: 02-2233,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, June 22, 2006, Filed
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Overview: Because stereotypical remarks about the incompatibility of motherhood and employment could be evidence of gender discrimination, the former employee set forth a prima facie case of sex discrimination under Mass. Gen. Laws ch. 151B sufficient to survive a motion for summary judgment.
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