Recent Decisions from Massachusetts - The Public Library of Law

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Decision Date
1. Commonwealth v. Sueiras, No. 06-P-1645 (Mass. App. 8/26/2008) (Mass. App., 2008) August 26, 2008 The defendant, Melissa L. Sueiras, was charged in District Court with a ten-count complaint alleging that she knowingly or intentionally provided alcohol to a person under the age of twenty-one in violation of G.L. c. 138, § 34. The defendant was also charged with criminal complaints in Juvenile Court alleging that she contributed to the delinquency of a minor in violation of G.L. c. 119, § 63. After an interdepartmental request, the complaints were consolidated and heard in Juvenile...
2. Renovator's Supply, Inc. v. Sovereign Bank, No. 06-P-1938 (Mass. App. 8/26/2008) (Mass. App., 2008) August 26, 2008 This appeal presents issues of fair dealing between a lender bank and a commercial customer. The plaintiff, Renovator's Supply, Inc. ("Renovator" or "the company"), maintained a contractual line of credit with the defendant, Sovereign Bank ("Sovereign" or "the lender" or "the bank"). Since the beginning of a relationship in 1997 with Sovereign's predecessor, Fleet Bank, Renovator had annually renewed its credit arrangement with the lender... In 2002...
3. Commonwealth v. Taber, No. 07-P-133 (Mass. App. 8/26/2008) (Mass. App., 2008) August 26, 2008 DECISIONS PURSUANT TO RULE 1:28... Judgments affirmed. Order denying motion for new trial affirmed...
4. Swift v. McKinney, No. 07-P-308 (Mass. App. 8/26/2008) (Mass. App., 2008) August 26, 2008 DECISIONS PURSUANT TO RULE 1:28... The modification judgment dated January 23, 2006, as further modified September 25, 2006, is affirmed. The case is remanded to the Probate and Family Court for further findings and a determination on the mother's request for reimbursement for legal fees and costs associated with the litigation as to the daughter's residence at Crotched Mountain, consistent with the memorandum and order of the Appeals Court...
5. Turner v. Community Homeowner's Association, Inc., No. 07-P-637 (Mass. App. 8/26/2008) (Mass. App., 2008) August 26, 2008 DECISIONS PURSUANT TO RULE 1:28... Judgment affirmed...
6. Ferullo v. Nicosia, No. 07-P-708 (Mass. App. 8/26/2008) (Mass. App., 2008) August 26, 2008 DECISIONS PURSUANT TO RULE 1:28... Judgment affirmed...
7. Commonwealth v. Cooley, No. 07-P-1108 (Mass. App. 8/26/2008) (Mass. App., 2008) August 26, 2008 DECISIONS PURSUANT TO RULE 1:28... Judgment affirmed...
8. Charrette v. Commissioner of the Division of Unemployment Assistance, No. 07-P-1382 (Mass. App. 8/26/2008) (Mass. App., 2008) August 26, 2008 DECISIONS PURSUANT TO RULE 1:28... The judgment is reversed and a new judgment shall enter reversing the decision of the board of review and remanding the proceedings to the Division of Unemployment Assistance for further action consistent with the memorandum and order of the Appeals Court...
9. Shea v. Zoning Board of Appeals of Douglas, No. 07-P-1571 (Mass. App. 8/26/2008) (Mass. App., 2008) August 26, 2008 DECISIONS PURSUANT TO RULE 1:28... Judgment affirmed...
10. Ethel J. Enterprises, Inc. v. Division of Unemployment Assistance, No. 07-P-1618 (Mass. App. 8/26/2008) (Mass. App., 2008) August 26, 2008 DECISIONS PURSUANT TO RULE 1:28... Judgment affirmed...
11. Bradston Associates, LLC v. County Sheriff's Department, SJC-10139 (Mass. 8/26/2008) (Mass., 2008) August 26, 2008 On further appellate review, we must decide whether the failure of the auditor of the city of Boston to certify that an adequate appropriation was available to fund a lease contract entered into between Bradston Associates, LLC (Bradston), and the sheriff of Suffolk County, which was in all other respects properly executed and funded, is a sufficient ground on which to invalidate the contract. We conclude that it is not and set aside summary judgment that was entered for the sheriff... Facts....
12. Commonwealth v. Brown, No. 07-P-359 (Mass. App. 8/22/2008) (Mass. App., 2008) August 22, 2008 DECISIONS PURSUANT TO RULE 1:28... Order denying motion for new trial affirmed...
13. Allen v. Wenger, No. 07-P-426 (Mass. App. 8/22/2008) (Mass. App., 2008) August 22, 2008 DECISIONS PURSUANT TO RULE 1:28... Judgment affirmed...
14. Murphy v. Massachusetts State Police, No. 07-P-521 (Mass. App. 8/22/2008) (Mass. App., 2008) August 22, 2008 DECISIONS PURSUANT TO RULE 1:28... Judgment affirmed...
15. Murphy v. Murphy, No. 07-P-559 (Mass. App. 8/22/2008) (Mass. App., 2008) August 22, 2008 DECISIONS PURSUANT TO RULE 1:28... Judgment affirmed...
16. Seagate, Inc. v. Bridier, No. 07-P-756 (Mass. App. 8/22/2008) (Mass. App., 2008) August 22, 2008 DECISIONS PURSUANT TO RULE 1:28... Judgment affirmed...
17. Giurleo v. Board of Assessors of Raynham, No. 07-P-1522 (Mass. App. 8/22/2008) (Mass. App., 2008) August 22, 2008 DECISIONS PURSUANT TO RULE 1:28... Decision of the Appellate Tax Board affirmed...
18. Commonwealth v. Donohue, SJC-10159 (Mass. 8/22/2008) (Mass., 2008) August 22, 2008 At issue in this case is whether the use of Policy and Procedure 467, also known as the "Global Position Satellite Monitoring Program" (GPS program), by the Middlesex County sheriff's office (sheriff), violates art. 30 of the Massachusetts Declaration of Rights insofar as it allows the sheriff to release from the Billerica house of correction (house of correction) and place in home confinement select inmates who have not fully served the "committed" portions of their sentences....
19. Kanamaru v. Holyoke Mutual Insurance Company, No. 06-P-1290 (Mass. App. 8/21/2008) (Mass. App., 2008) August 21, 2008 This appeal presents a question of interpretation of the standard Massachusetts automobile insurance policy, seventh edition, considered in light of the uninsured motorist statute, G.L. c. 175, § 113L. It arises from the grant of summary judgment to the defendant insurance company on both counts of the plaintiff's complaint and the corresponding denial of the plaintiff's cross motion for summary judgment. The plaintiff argues that the motion judge erred when he granted the defendant...
20. Germain v. Girard, No. 07-P-811 (Mass. App. 8/21/2008) (Mass. App., 2008) August 21, 2008 While hospitalized shortly before his death in November of 2004, George R. Girard (George) executed a last will and testament to replace his previous will, executed in 1983. At the time of his death, the most valuable asset in George's estate was thought to be the anticipated proceeds from a lawsuit he had filed seeking damages for personal injuries suffered from his exposure to asbestos.1 Under the terms of the 2004 will, George left the bulk of his estate to a trust, which designated his...

Decision Date

1. Commonwealth v. Sueiras, No. 06-P-1645 (Mass. App. 8/26/2008) (Mass. App., 2008)

August 26, 2008

The defendant, Melissa L. Sueiras, was charged in District Court with a ten-count complaint alleging that she knowingly or intentionally provided alcohol to a person under the age of twenty-one in violation of G.L. c. 138, § 34. The defendant was also charged with criminal complaints in Juvenile Court alleging that she contributed to the delinquency of a minor in violation of G.L. c. 119, § 63. After an interdepartmental request, the complaints were consolidated and heard in Juvenile...

2. Renovator's Supply, Inc. v. Sovereign Bank, No. 06-P-1938 (Mass. App. 8/26/2008) (Mass. App., 2008)

August 26, 2008

This appeal presents issues of fair dealing between a lender bank and a commercial customer. The plaintiff, Renovator's Supply, Inc. ("Renovator" or "the company"), maintained a contractual line of credit with the defendant, Sovereign Bank ("Sovereign" or "the lender" or "the bank"). Since the beginning of a relationship in 1997 with Sovereign's predecessor, Fleet Bank, Renovator had annually renewed its credit arrangement with the lender... In 2002...

3. Commonwealth v. Taber, No. 07-P-133 (Mass. App. 8/26/2008) (Mass. App., 2008)

August 26, 2008

DECISIONS PURSUANT TO RULE 1:28... Judgments affirmed. Order denying motion for new trial affirmed...

4. Swift v. McKinney, No. 07-P-308 (Mass. App. 8/26/2008) (Mass. App., 2008)

August 26, 2008

DECISIONS PURSUANT TO RULE 1:28... The modification judgment dated January 23, 2006, as further modified September 25, 2006, is affirmed. The case is remanded to the Probate and Family Court for further findings and a determination on the mother's request for reimbursement for legal fees and costs associated with the litigation as to the daughter's residence at Crotched Mountain, consistent with the memorandum and order of the Appeals Court...

5. Turner v. Community Homeowner's Association, Inc., No. 07-P-637 (Mass. App. 8/26/2008) (Mass. App., 2008)

August 26, 2008

DECISIONS PURSUANT TO RULE 1:28... Judgment affirmed...

6. Ferullo v. Nicosia, No. 07-P-708 (Mass. App. 8/26/2008) (Mass. App., 2008)

August 26, 2008

DECISIONS PURSUANT TO RULE 1:28... Judgment affirmed...

7. Commonwealth v. Cooley, No. 07-P-1108 (Mass. App. 8/26/2008) (Mass. App., 2008)

August 26, 2008

DECISIONS PURSUANT TO RULE 1:28... Judgment affirmed...

8. Charrette v. Commissioner of the Division of Unemployment Assistance, No. 07-P-1382 (Mass. App. 8/26/2008) (Mass. App., 2008)

August 26, 2008

DECISIONS PURSUANT TO RULE 1:28... The judgment is reversed and a new judgment shall enter reversing the decision of the board of review and remanding the proceedings to the Division of Unemployment Assistance for further action consistent with the memorandum and order of the Appeals Court...

9. Shea v. Zoning Board of Appeals of Douglas, No. 07-P-1571 (Mass. App. 8/26/2008) (Mass. App., 2008)

August 26, 2008

DECISIONS PURSUANT TO RULE 1:28... Judgment affirmed...

10. Ethel J. Enterprises, Inc. v. Division of Unemployment Assistance, No. 07-P-1618 (Mass. App. 8/26/2008) (Mass. App., 2008)

August 26, 2008

DECISIONS PURSUANT TO RULE 1:28... Judgment affirmed...

11. Bradston Associates, LLC v. County Sheriff's Department, SJC-10139 (Mass. 8/26/2008) (Mass., 2008)

August 26, 2008

On further appellate review, we must decide whether the failure of the auditor of the city of Boston to certify that an adequate appropriation was available to fund a lease contract entered into between Bradston Associates, LLC (Bradston), and the sheriff of Suffolk County, which was in all other respects properly executed and funded, is a sufficient ground on which to invalidate the contract. We conclude that it is not and set aside summary judgment that was entered for the sheriff... Facts....

12. Commonwealth v. Brown, No. 07-P-359 (Mass. App. 8/22/2008) (Mass. App., 2008)

August 22, 2008

DECISIONS PURSUANT TO RULE 1:28... Order denying motion for new trial affirmed...

13. Allen v. Wenger, No. 07-P-426 (Mass. App. 8/22/2008) (Mass. App., 2008)

August 22, 2008

DECISIONS PURSUANT TO RULE 1:28... Judgment affirmed...

14. Murphy v. Massachusetts State Police, No. 07-P-521 (Mass. App. 8/22/2008) (Mass. App., 2008)

August 22, 2008

DECISIONS PURSUANT TO RULE 1:28... Judgment affirmed...

15. Murphy v. Murphy, No. 07-P-559 (Mass. App. 8/22/2008) (Mass. App., 2008)

August 22, 2008

DECISIONS PURSUANT TO RULE 1:28... Judgment affirmed...

16. Seagate, Inc. v. Bridier, No. 07-P-756 (Mass. App. 8/22/2008) (Mass. App., 2008)

August 22, 2008

DECISIONS PURSUANT TO RULE 1:28... Judgment affirmed...

17. Giurleo v. Board of Assessors of Raynham, No. 07-P-1522 (Mass. App. 8/22/2008) (Mass. App., 2008)

August 22, 2008

DECISIONS PURSUANT TO RULE 1:28... Decision of the Appellate Tax Board affirmed...

18. Commonwealth v. Donohue, SJC-10159 (Mass. 8/22/2008) (Mass., 2008)

August 22, 2008

At issue in this case is whether the use of Policy and Procedure 467, also known as the "Global Position Satellite Monitoring Program" (GPS program), by the Middlesex County sheriff's office (sheriff), violates art. 30 of the Massachusetts Declaration of Rights insofar as it allows the sheriff to release from the Billerica house of correction (house of correction) and place in home confinement select inmates who have not fully served the "committed" portions of their sentences....

19. Kanamaru v. Holyoke Mutual Insurance Company, No. 06-P-1290 (Mass. App. 8/21/2008) (Mass. App., 2008)

August 21, 2008

This appeal presents a question of interpretation of the standard Massachusetts automobile insurance policy, seventh edition, considered in light of the uninsured motorist statute, G.L. c. 175, § 113L. It arises from the grant of summary judgment to the defendant insurance company on both counts of the plaintiff's complaint and the corresponding denial of the plaintiff's cross motion for summary judgment. The plaintiff argues that the motion judge erred when he granted the defendant...

20. Germain v. Girard, No. 07-P-811 (Mass. App. 8/21/2008) (Mass. App., 2008)

August 21, 2008

While hospitalized shortly before his death in November of 2004, George R. Girard (George) executed a last will and testament to replace his previous will, executed in 1983. At the time of his death, the most valuable asset in George's estate was thought to be the anticipated proceeds from a lawsuit he had filed seeking damages for personal injuries suffered from his exposure to asbestos.1 Under the terms of the 2004 will, George left the bulk of his estate to a trust, which designated his...

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