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| Aiello v. Aiello, SJC-09626,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, August 11, 2006, Decided
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Overview: The "adverse domination doctrine" was adopted for purposes of equitable tolling; where a sister was a shareholder and a disinterested corporate director in a closely held corporation, she knew derivative claims could have been brought against her brothers, and she could have brought them earlier, there was no tolling.
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| Copeland v. Swartz, Opinion No.: 96444, Docket Number: 06-00042,
SUPERIOR COURT OF MASSACHUSETTS, AT BARNSTABLE, August 11, 2006, Decided
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Overview: Law firm was granted summary judgment on attorney's claim for separate co-counsel fee in addition to referral fee because when attorney referred case to law firm, he knew it paid medical malpractice referral fees in parity with Mass. Gen. Laws ch. 231, § 60I, and he offered no evidence that law firm ever agreed to pay him additional co-counsel fee.
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| Dawson v. Equity Inv. Group Operating P'ship, LP, Docket Number: 2001-517,
SUPERIOR COURT OF MASSACHUSETTS, AT HAMPDEN, August 11, 2006, Filed
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Overview: City's motion for relief from judgment was allowed because a husband, who was an injured employee of the city, and his wife perpetrated a fraud on the city, which was self-insured, by depriving the city, in the allocation of settlement proceeds, from the reimbursement to which the city was entitled under Mass. Gen. Laws ch. 152, § 15.
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| Palochko v. Reis, No. 05-P-729,
APPEALS COURT OF MASSACHUSETTS, August 11, 2006, Decided
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Overview: Although a contractor's violation of a safety regulation in moving an oil tank without a license was not an unfair and deceptive act under Mass. Gen. Laws ch. 93A, § 11, the owner's violation of other regulations contributed to an oil spill; the contractor was entitled to a comparative negligence verdict under Mass. Gen. Laws ch. 231, § 85.
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| Commonwealth v. Ferreira, No. 05-P-793,
APPEALS COURT OF MASSACHUSETTS, August 14, 2006, Decided
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Overview: Finding that former inmate was sexually dangerous person and civil commitment to treatment center were affirmed as petition was timely under version of Mass. Gen. Laws ch. 123A, § 12(a) in effect in April 2002 since inmate was serving sentence on sexual offense at time of notice and petition, although he had been originally released to community.
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| Palmucci v. Berkovich, Docket Number: 03-00137,
SUPERIOR COURT OF MASSACHUSETTS, AT NORFOLK, August 14, 2006, Filed
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Overview: Synthetic rather than cement-based stucco on a new home did not breach a building contract because the specifications used the word stucco to refer to the material's look, not its content. The buyers were not misled, an express warranty claim was time-barred, and the implied warranty of habitability and Mass. Gen. Laws ch. 93A were not violated.
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| Springfield Pres. Trust, Inc. v. Springfield Library & Museums Ass'n, SJC-09600,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, August 14, 2006, Decided
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Overview: A town ordinance exempting from the authority of the town's historical commission any buildings or structures owned or controlled by the town's library and museum association or the diocese's bishop was valid under Mass. Gen. Laws ch. 40C but applied only to properties of the association or the bishop when the ordinance was enacted.
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| Trs. of the Residences at Chestnut Hill Condo. Trust v. Jacobs, Docket Number: 06-00099-J,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, August 14, 2006, Filed
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Overview: Judgment was entered for trustees of condominium association as fine assessed under Mass. Gen. Laws ch. 183A, § 10(b)(5) was reasonable as owners violated condominium documents by attaching antenna, satellite dish, speakers, and ceiling fan to building and placing bug zapper outside of exclusive use area without trustees' approval.
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