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| Commonwealth v. Sargent, SJC-09802,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, July 24, 2007, Decided
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Overview: Because there was no indication that those committed had the right to counsel at interviews with qualified examiners, and the prisoner had an evaluation with a qualified examiner five days before the second examiner's appearance, he was not denied assistance of counsel in deciding whether to undergo the Mass. Gen. Laws ch. 123A, § 1 evaluations.
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| Hall v. Place, Opinion No.: 99098, Docket Number: 05-3409,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, July 24, 2007, Decided
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Overview: Because te decision of the town engineer to deny a property owner's application for a driveway permit was in accordance with the Sudbury, Mass., Rules and Regulations as the grade of the driveway was more than 10 percent, the engineer did not abuse his discretion even though he could have waived the requirement.
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| Cavanaugh v. McKenna, Opinion No.: 99077, Docket Number: 06-01160,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, July 25, 2007, Decided
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Overview: Trial court allowed summary judgment to the former husband on his breach of contract claim in count one, and left issue of damages regarding that count for trial; covenant not to compete contained in divorce separation agreement dictating that the former wife not operate competing funeral home in certain town was enforceable and had been violated.
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| Hiller v. DaimlerChrysler Corp., Opinion No.: 99101, Docket Number: 02-0681-C,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, July 25, 2007, Decided
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Overview: In consumer protection class action, plaintiffs' motion for reconsideration pursuant to Mass. Super. Ct. R. 9D of grant of summary judgment on Mass. Gen. Laws ch. 93A claim was denied because description of injury in demand letter did not satisfy Mass. Gen. Laws ch. 93A, § 9; the demand letter was vague and devoid of any description of an injury.
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| Commonwealth v. Lawrence, No. 06-P-983,
APPEALS COURT OF MASSACHUSETTS, July 26, 2007, Decided
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Overview: Judgment was affirmed as defendant was not entitled to entrapment instruction as defendant intended to share marijuana with detective, which constituted distribution. under Mass. Gen. Laws ch. 94C, § 1. As defendant agreed to go with detective so that both of them could smoke his marijuana, he was not induced to engage in distribution.
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| Commonwealth v. Pagels, No. 05-P-1435,
APPEALS COURT OF MASSACHUSETTS, July 26, 2007, Decided
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Overview: Because defendant made a series of telephone calls to his girlfriend, the victim of his assault, from jail in which he discussed her affidavit and expected testimony, and there was evidence of his violent assault upon her two months earlier, there was sufficient evidence to convict him of intimidation pursuant to Mass. Gen. Laws ch. 268, § 13B.
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| Worster v. Eagle Bank, Opinion No.: 99099, Docket Number: 06-CV-1557-F,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, July 26, 2007, Decided
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Overview: In slip and fall case, bank's motion for summary judgment was allowed because the bank customer's circumstantial evidence failed to establish an essential element of his claim--that the moisture area had been present on the floor for an unreasonable length of time such that the bank was negligent in failing to detect and remove it before his fall.
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| Davilas v. Bader, Opinion No.: 99271, Docket Number: 06-1468,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, July 27, 2007, Decided
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Overview: In condominium owners' action for declaratory relief against trustees of the condominium trust, as a section of the master deed could be interpreted to mean that replacement of the windows in a condominium unit was subject to the trustees' approval, no final order was entered and supplemental memoranda were requested.
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| O'Connor v. Redstone, Opinion No.: 99078, Docket Number: 06-4606 BLS1,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, July 27, 2007, Decided
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Overview: Defendant's summary judgment motion was granted as to an action alleging breach of fiduciary duty in connection with stock redemptions, because the action was not brought within the three-year statute of limitations, Mass. Gen. Laws ch. 260, § 2A, and plaintiffs failed to demonstrated facts that took the case outside of the limitations period.
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