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   State Courts - Massachusetts - July 28 - July 31, 2007

  
Fontanills v. Barron & Stadfeld, P.C., Opinion No.: 99100, Docket Number: 06-CV-4409-F, SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, July 28, 2007, Decided
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Overview: Because a corporation's discovery requests were wide-ranging, on their face sought documents protected from disclosure by attorney-client privilege as well as work product, or were otherwise insulated by specific court or arbitration order, the motion to compel was denied.

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Parker v. John Moriarty & Assocs., Opinion No.: 99344, Docket Number: 05-0981, SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, July 29, 2007, Decided
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Sullivan v. Snakebite Realty, LLC, Opinion No.: 99096, Docket Number: 06-CV-3152-F, SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, July 29, 2007, Decided
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Overview: Plaintiffs were not entitled to lis pendens in action to establish easement by necessity and by implication for sewer line as interests were protected by court-ordered indemnification agreement and defendant had also recorded two notices to prevent easements which would put potential purchasers of defendant's lot on notice of plaintiffs' claim.

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Commonwealth v. Vazquez, No. 05-P-956, APPEALS COURT OF MASSACHUSETTS, July 30, 2007, Decided
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Overview: Trial court properly denied defendant's motion for a finding of not guilty on charges of conspiracy, Mass. Gen. Laws ch. 274, § 7, as the Commonwealth presented sufficient evidence to show that defendant, a correction officer, smuggled contraband into a correctional facility in exchange for the use of defendant's automobile.

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Petition of Andrews, SJC-09777, SUPREME JUDICIAL COURT OF MASSACHUSETTS, July 30, 2007, Decided
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Overview: Although a finding that the failure to retain an inmate in the strict security of a state hospital would create a likelihood of serious harm could be made no matter which standard of review was used under Mass. Gen. Laws ch. 123, § 9(b), the trial judge erred in using the reasonable doubt standard.

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Adoption of Betsy, No. 06-P-696, APPEALS COURT OF MASSACHUSETTS, July 31, 2007, Decided
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Overview: Mother was properly found to be an unfit parent for her three minor children as her bipolar disorder had resulted in a plethora of maternal shortcomings that had threatened or would threaten the children's well-being; the mother had had numerous criminal charges filed against her and inability to see the children's needs as separate from her own.

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Commerce Ins. Co. v. Collins, Opinion No.: 99185, Docket Number: 06-2014, SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, July 31, 2007, Decided
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Overview: In a motor vehicle accident case, an insurer's motion for summary judgment was allowed because the personal injury claimant involved in the accident could not carry the burden of proof on coverage where the wife, the registered owner of a truck, did not give the husband, the unlicensed driver involved in the accident, permission to drive the truck.

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NPS, LLC v. Stubhub, Inc., Opinion No.: 99182, Docket Number: 06-4874 BLS1, SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, July 31, 2007, Decided
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Overview: A football team which alleged that a corporation and individuals had improperly resold tickets was entitled to discovery of documents identifying the individuals who bought and sold the tickets. It had a legitimate interest in knowing the identity of the ticket resellers and was not limited to using the information to prosecute the present case.

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Shanahan v. Bd. of Appeals of Motor Vehicle Liab. & Bonds, Opinion No.: 99186, Docket Number: 06-CV-3128-F, SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, July 31, 2007, Decided
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