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| Brown v. Donovan, Docket Number: 03-4247 BLS1,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, June 26, 2006, Decided
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Overview: Plaintiffs' motion pursuant to Mass. Gen. Laws ch. 251, §§ 11 and 15, to enforce arbitration agreements was granted, as a defendant's claim of coercion was not sufficient to relieve him of his obligations, and the arbitrator acted within the scope of his duty in entering the orders.
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| Ray v. Commonwealth, SJC-09671,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, June 26, 2006, Decided
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Overview: Although the Commonwealth obtained a protective order to keep its witnesses secret, pursuant to Mass. Sup. Jud. Ct. R. 2:21, defendant did not show the lack of an adequate alternative to review under Mass. Gen. Laws ch. 211, § 3; therefore, defendant's petition for relief was properly denied.
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| Settemio v. Am. Eagle, Inc., Docket Number: MICV2004-01484-B,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, June 26, 2006, Decided
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Overview: Because a corporation accurately stated and summarized statements that an individual made in his deposition, the individual's cross-motion to strike the corporation's statement of undisputed facts was frivolous and not advanced in good faith. Thus, the corporation's Mass. Gen. Laws ch. 231 § 6F motion for fees and costs was allowed.
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| Whalen v. Commonwealth, Docket Number: 2005-00886,
SUPERIOR COURT OF MASSACHUSETTS, AT HAMPDEN, June 26, 2006, Decided , June 26, 2006, Filed
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Overview: The rights described under Mass. Gen. Laws ch. 218, § 10 and Mass. Gen. Laws ch. 211B, § 8 implied a waiver of the Commonwealth's sovereign immunity, and, therefore, a former clerk's claims asserting breach of contract and statutory violations with regard to his layoff were not subject to dismissal.
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| York v. Zurich Scudder Invs., Inc., No. 05-P-976,
APPEALS COURT OF MASSACHUSETTS, June 26, 2006, Decided
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Overview: Summary judgment for employer was proper; salesman had no right to incentives he earned but was not paid before he left company. He was an at-will employee, employer had a right to unilaterally modify incentive plan, and eliminating salesman's job due to cost cutting was just cause and not breach of implied covenant of good faith and fair dealing.
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| Commonwealth v. Draheim, SJC-09584,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, June 27, 2006, Decided
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Overview: Because a trial judge made no express findings as to the Commonwealth's motion to compel saliva samples from defendant, her children, and the complainants for DNA testing, a new hearing was required to prove that the samples would probably provide evidence of defendant's guilt in compliance with the Fourth Amendment and Mass. R. Crim. P. 17(a)(2).
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| Papetsas Bldg. Co. v. L'Heureux, Docket Number: 04-526,
SUPERIOR COURT OF MASSACHUSETTS, AT BARNSTABLE, June 27, 2006, Decided
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Overview: Because delays for the most part were caused by the homeowners who breached the covenant of good faith and fair dealing, the court held the contractor was ready, willing and able to perform under the stipulation and was entitled to judgment and the release of the $ 25,715 which was being held in escrow.
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