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| BioMetics v. Stocker, Opinion No.: 99093, Docket Numbers: 06-0498, 06-0952,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, July 17, 2007, Decided
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Overview: Fifty-percent shareholder alleged that the other fifty percent shareholder surreptitiously diverted to a company he formed a patent he had received while working for the parties corporation. This allegation did not state a claim for a violation of Mass. Gen. Laws ch. 93A, as the actions complained of were principally private in nature.
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| Commonwealth v. Cannon, SJC-09186,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, July 17, 2007, Decided
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Overview: First degree murder conviction was reversed and new trial on joint venture theory was ordered as no rational trier of fact could have concluded beyond reasonable doubt defendant fired shot killing victim, and there was sufficient evidence defendant was at scene, robbery was planned jointly, and defendant participated in attempt to execute plan.
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| Commonwealth v. Washington, SJC-09871,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, July 17, 2007, Decided
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Overview: Search of defendants was justified as there was probable cause to arrest them for participating in illegal drug transaction and crucial evidence would have been lost if search was not done immediately; given fungible nature of money and tendency of illicit money to change hands quickly, evidence would never be found if police did not search then.
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| Cummings Props., LLC v. Nat'l Communs. Corp., SJC-09778,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, July 17, 2007, Decided
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Overview: Landlord was entitled to liquidated damages pursuant to an accelerated rent provision because it could be presumed that sophisticated parties such as these intended the provision to only apply to material breaches and the tenant failed to show that such a provision was a penalty as actual damages were only six percent more than liquidated damages.
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| DeProfio v. Waltham Hous. Auth., Docket Number: 07-1498,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, July 17, 2007, Decided
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Overview: Judgment was entered for a teacher in her 42 U.S.C.S. § 1983 action challenging a housing authority's termination of her participation in a federal housing voucher program, because the authority did not explain its termination of benefits, despite the requirement that it continue making payments until a hearing on an appeal was held.
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| McGonagle v. Home Depot U.S.A., Inc., Opinion No.: 99091, Docket Number: 01-1208,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, July 17, 2007, Decided
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Overview: In reconsidering a prior opinion, a court held that the application of an incorrect sales tax to items by a vendor, in violation of 830 Mass. Code Regs. 64H.1.4 and Mass. Gen. Laws ch. 64H, did not provide a purchaser a private right of action under Mass. Gen. Laws ch. 93A to recover damages.
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| Baldwin v. Maloney, Opinion No.: 99194, Docket Number: 03-571B,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, July 18, 2007, Filed
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Overview: Trial court granted the corrections department commissioner's motion to dismiss and ordered that petitioner's application for habeas corpus be dismissed; dismissal was warranted under Mass. R. Civ. P. 41(b)(2) because petitioner was granted a certain amount of time to respond to the motion to dismiss and did not respond.
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| Bellemare v. Clermont, No. 06-P-1047,
APPEALS COURT OF MASSACHUSETTS, July 18, 2007, Decided
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Overview: Attorney's secretary, who became co-trustee of trust that owned building with lead paint violations as accommodation to clients, was not liable for lead paint victim's damages as secretary was not owner under Mass. Gen. Laws ch. 111, § 189A as she did not exercise authority as to trust property, and did not receive benefits from position.
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| DiRamio v. Crosby, Opinion No.: 99083, Docket Number: 03-4872,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, July 18, 2007, Decided
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Overview: Because there was a genuine issue of material fact as to whether the seller was a private seller or a general contractor in the business of building and selling homes where the seller had rebuilt a home destroyed by fire, the seller was not entitled to summary judgment as to the sellers' Mass. Gen. Laws ch. 93A claim.
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