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| Gorman v. Contributory Ret. Appeal Bd., No. 05-P-695,
APPEALS COURT OF MASSACHUSETTS, August 16, 2006, Decided
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Overview: Massachusetts Contributory Retirement Appeal Board properly calculated retiree's earned income based on his W-2 wages; that amount was not reducible by travel expense tax deductions, as determination of tax liability on federal and state income tax returns did not control calculation of pension overpayments under Mass. Gen. Laws ch. 32, § 91A.
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| Griem v. Town of Walpole, Docket Number: 04-00726,
SUPERIOR COURT OF MASSACHUSETTS, AT NORFOLK, August 16, 2006, Decided , August 16, 2006, Filed
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Overview: Because a town's failure to warn of the dangers on a walkway under some football bleachers and its failure to prevent access did not rise to the level of policy-making that Mass. Gen. Laws ch. 258, § 10(b) protected from liability, it was not entitled to summary judgment as to its failure to warn.
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| In re Barrett, SJC-09508,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, August 16, 2006, Decided
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Overview: Where an attorney had borrowed funds from corporation without authorization, because he did so in his capacity as its chief executive officer and director, and not as its attorney, this violation of former Mass. Sup. Jud. Ct. R. 3:07, Canon 1, DR 1-102(A)(4) and (6), warranted a two-year suspension, not disbarment.
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| Biliouris v. Biliouris, No. 05-P-933.,
APPEALS COURT OF MASSACHUSETTS, August 17, 2006, Decided
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Overview: In a wife's challenge regarding an antenuptial agreement, findings with respect to the husband's building, were, at best, unclear. If mortgage funds were used to purchase it, and the mortgage was paid through his earnings during the marriage, it was unclear why it was excluded from the estate subject to division under Mass. Gen. Laws ch. 208, § 34.
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| Ginsberg v. Blacker, No. 05-P-874,
APPEALS COURT OF MASSACHUSETTS, August 17, 2006, Decided
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Overview: Abuse prevention order issued under Mass. Gen. Laws ch. 209A was supported by finding ex-husband's conduct was menacing and created apprehension of imminent serious physical harm on part of ex-wife that was objectively reasonable; after observing what he believed to be bad haircut, ex-husband screamed and waved hands very close to ex-wife's face.
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| MacGregor v. Born, Docket Number: 03-1439,
SUPERIOR COURT OF MASSACHUSETTS, AT NORFOLK, August 17, 2006, Filed
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Overview: Mother sued condominium trustees, alleging mold in her unit caused her child to develop autism. Neurologist's opinion, based on process of elimination, that child's autism was caused by exposure to mold, did not meet the Lanigan test; as causes of autism were unknown, there was no reliable method of eliminating causes other than the one in issue.
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| Nat'l Union Fire Ins. Co. v. Concord Group Ins. Co., Docket Number: 05-2055A,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, August 17, 2006, Filed
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Overview: When a New Hampshire insurer issued an auto policy, it was foreseeable that its insured might have an auto accident in neighboring Massachusetts and be sued there. Therefore, the insurer fell within the reach of Mass. Gen. Laws ch. 223A, § 3(b) of Massachusetts' long-arm statute by contracting to provide a "service" in Massachusetts.
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| Pulsifer v. Butnaru, Docket Number: 03-3374-J,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, August 17, 2006, Decided
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Overview: Claim by a shareholder in a close corporation that the corporation's directors breached their fiduciary duty with regard to the price offered to redeem the shareholder's stock failed on summary judgment; severance paid to a departing director was not shown to constitute a disguised additional payment for the director's stock.
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| Smith v. Jones, No. 05-P-283,
APPEALS COURT OF MASSACHUSETTS, August 17, 2006, Decided
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Overview: While the evidence initially was adequate to justify an ex parte order under Mass. Gen. Laws ch. 209A, §§ 3, 4, the evidence at the extension hearing was not sufficient to establish that abuse had occurred as there was no showing a former minor boyfriend had caused physical harm or placed his girlfriend in fear of imminent serious physical harm.
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| Wang v. Niakaros, No. 05-P-1591.,
APPEALS COURT OF MASSACHUSETTS, August 17, 2006, Decided
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Overview: Where defendant was aware of initial complaint, but there was no admissible evidence that he was served with amended complaint, which asserted new claims, as plaintiff provided no justification for his failure serve amended complaint under Mass. R. Civ. P. 4, trial court erred in entering order of default and default judgment.
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