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| Commerce Ins. Co. v. Empire Fire & Marine Ins. Co., Docket Number: 04-00825,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, August 9, 2006, Filed
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Overview: Motor vehicle insurer for vehicle renters who did not select collision damage waivers under Mass. Gen. Laws ch. 90, § 32E1/2 was liable to the rental companies' insurer for vehicle property damage claims paid by the companies' insurer because the companies' insurer was subrogated against the renters and the renters' policies covered the losses.
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| Commonwealth v. Melo, No. 05-P-871,
APPEALS COURT OF MASSACHUSETTS, August 9, 2006, Decided
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Overview: Trial court did not err in denying defendant's motion for a new trial pursuant to Mass. R. Crim. P. 30(b) because defendant was not deprived of his right to counsel under the Sixth Amendment and Mass. Const. Decl. Rights art. 12 just because his attorney was not authorized to practice law in Massachusetts; also, the attorney was not ineffective.
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| Oakes's Case, No. 05-P-653,
APPEALS COURT OF MASSACHUSETTS, August 9, 2006, Decided
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Overview: Mass. Gen. Laws ch. 152, § 37 did not bar insurer's claim for reimbursement from workers' compensation trust fund because 1991 amendment, which added two-year statute of limitations, was intended to apply prospectively where the legislature had expressly designated the disputed amendment as substantive for purposes of Mass. Gen. Laws ch. 152, § 2A.
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| Burke v. Commonwealth, No. 05-P-1004,
APPEALS COURT OF MASSACHUSETTS, August 10, 2006, Decided
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Overview: Trial court properly granted summary judgment to defendants as to claims that defendants failed to pay the proper amount of fees to an attorney for representing a state trooper in a civil rights action, as the amount of $ 125 per hour awarded to the attorney was not arbitrary under the requirements set out in 515 Code Mass. Regs. § 4.02 (1998).
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| Commonwealth v. Namey, No. 05-P-1084.,
APPEALS COURT OF MASSACHUSETTS, August 10, 2006, Decided
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Overview: Defendants' convictions of receiving stolen property, Mass. Gen. Laws ch. 266, § 60, and possession of burglarious instruments, Mass. Gen. Laws ch. 266, § 49, were supported by sufficient evidence, as damage to the vehicle in which defendant was a passenger and the open presence of tools indicated that defendant knew that the vehicle was stolen.
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| Murray v. Commonwealth, SJC-09550,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, August 10, 2006, Decided
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Overview: Single justice's decision to dismiss the inmate's petition for a writ of mandamus was affirmed because the inmate had not established that he was entitled to the extraordinary relief contemplated by a writ of mandamus. The appellate division had discretion to dismiss the original appeal under Mass. Gen. Laws ch. 278, § 28B.
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