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| Commonwealth v. Frongillo, No. No. 04-P-1459.,
APPEALS COURT OF MASSACHUSETTS, July 10, 2006, Decided
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Overview: Convictions for possession of a firearm and ammunition without a firearm identification card, under Mass. Gen. Laws ch. 269, § 10(h), were reversed as evidence of defendant's involvement in a shooting was insufficient to permit an inference that he had constructive possession of unrelated firearms and ammunition found in his fiancee's apartment.
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| Deutsch Williams Brooks DeRensis & Holland, P.C. v. Naturopathic Labs. Int'l, Inc., Docket Number: 05-4793,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, July 10, 2006, Decided , July 10, 2006, Filed
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Overview: Corporation's motion to dismiss plaintiff's action to recover fees for legal services was denied because the court had jurisdiction over the action pursuant to the Massachusetts longarm statute, Mass. Gen. Laws ch. 223A, § 3, as the corporation's retention of plaintiff for legal services constituted transaction of business in Massachusetts.
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| E. Coast Plumbing & Heating v. Tocci Bldg. Corp., Docket Number: BACV2005-0635,
SUPERIOR COURT OF MASSACHUSETTS, AT BARNSTABLE, July 10, 2006, Decided
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Overview: Because a subcontractor's alleged actions went beyond protected petitioning activity, and because the subcontractor did not demonstrate that statements to other subcontractors were somehow protected petitioning activity, the subcontractor was not entitled to protection under the Anti-SLAPP statute, Mass. Gen. Laws ch. 231, § 59H.
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| Mason v. Coleman, SJC-09625,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, July 10, 2006, Decided
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Overview: Trial judge's decision to enjoin a mother from removing her children from the Commonwealth of Massachusetts under Mass. Gen. Laws ch. 208, § 30 was affirmed because the judge appropriately considered the best interests of the children, and did not abuse her discretion in concluding that removal of the children would not serve their best interests.
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| New London County Ins. Co. v. Broan Nutone, LLC, Docket Numbers: BACV2002-0130,
SUPERIOR COURT OF MASSACHUSETTS, AT BARNSTABLE, July 10, 2006, Decided
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Overview: Upon reconsideration, a real estate company's motion for summary judgment was denied because the question of the origin of a hazardous condition that led to a fire was a question of fact. Thus, the question of the origin was inappropriate for resolution at the summary judgment stage.
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| Schulman v. AG, SJC-09684,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, July 10, 2006, Decided
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Overview: An initiative petition to constitutionally define marriage was not barred from certification, under Mass. Const. amend. art. 48, pt. II, § 2, excluding "reversal of a judicial decision" from petitions, as this barred reversing a court's finding of parties' rights, and not a constitutional amendment overruling a court decision's future application.
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