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| Buzulis v. Mohegan Sun Casino 2, No. 06-P-1638,
APPEALS COURT OF MASSACHUSETTS, August 9, 2007, Decided
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Overview: A personal injury suit against a casino was rightly dismissed because the casino enjoyed tribal sovereign immunity. However, as there was nothing on the record indicating the status of the remaining defendants in relation to the casino, the allowance of the motion to dismiss in regard to them was premature.
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| Commonwealth v. Kerns, SJC-09859,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, August 9, 2007, Decided
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Overview: During bench trial, court stated that to convict defendant of threatening to use deadly weapons, he had to have communicated threat to an intended victim. As Commonwealth could not have anticipated this incorrect interpretation of law, and could not appeal from an acquittal, it properly sought relief under Mass. Gen. Laws ch. 211, § 3.
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| Martin v. Heimlich, Opinion No.: 99348, Docket Number: 06-3527,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, August 9, 2007, Decided
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| Smith v. Kirouac, Docket Number: 04-2026,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, August 9, 2007, Decided
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Overview: Litigants could not recover costs, under Mass. Gen. Laws ch. 261, § 13 because (1) the American rule required them to bear their expenses, (2) items that were not compensable as costs could not be awarded, (3) their expenses were not confirmed, (4) liability was shown before trial, and (5) the litigants did not establish all damages they sought.
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| Wilson v. Estate of Arcese, Opinion No.: 99349, Docket Number: 07-01461,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, August 9, 2007, Decided
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| Cioch v. Treasurer of Ludlow, SJC-09838,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, August 10, 2007, Decided
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Overview: Trial court properly entered judgment in favor of defendants as to a retired teacher's action seeking a declaration that defendants violated Mass. Gen. Laws ch. 32B, §§ 9 and 16, by refusing to enroll the teacher in a town's retiree group health insurance program, as the town was authorized to limit enrollment to active employees.
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| Commonwealth v. Saletino, SJC-09835,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, August 10, 2007, Decided
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Overview: A trial judge did not err by instructing the jury on joint venture, and sufficient evidence existed to support defendant's conviction for conspiracy in trafficking cocaine, in violation of Mass. Gen. Laws ch. 94C, § 40, as it was a reasonable inference from the evidence that there was at least one other person present for the drug transaction.
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| Lebrun v. Farnham, Opinion No.: 99267, Docket Number: 04-2317,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, August 10, 2007, Decided
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Overview: Trial court denied attorney's petition to determine and enforce a lien against attorney fees collected after settlement of underlying action; he was not trying to collect attorney fees from client that would have allowed for a lien pursuant to Mass. Gen. Laws ch. 221, § 50, but, instead was trying to collect fees under agreement with his law firm.
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| Trs. of Health & Hosps. of Boston, Inc. v. Mass. Comm'n Against Discrimination, SJC-09811,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, August 10, 2007, Decided
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Overview: Trial court erred in vacating an agency's decision finding that hospital trustees unlawfully discriminated against complainants pursuant to Mass. Gen. Laws ch. 151B, § 4(1), as a fact finder could have concluded that there was a discriminatory hierarchy in who would be spared from layoffs, with African-American women effected most heavily.
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