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Decision Date
1. In re Bisazza's, SJC-10183 (Mass. 11/20/2008) (Mass., 2008) November 20, 2008 In this case, we must decide whether G.L. c. 152, § 1(7A), of the workers' compensation law, which defines the term "personal injury," requires a greater "work-relatedness" nexus for emotional and mental injury compensation than is required for physical injury compensation under G.L. c. 152, § 26. Generally, a worker may recover for all personal injuries "arising out of and in the course of his employment." G.L. c. 152, § 26. However, compensable personal...
2. Commonwealth v. Clark, SJC-10185 (Mass. 11/20/2008) (Mass., 2008) November 20, 2008 RESCRIPT... In Commonwealth v. Briand, 71 Mass.App.Ct. 160 (2008), the Appeals Court reversed a District Court judge's order allowing motions to suppress filed by the two codefendants, Evan L. Briand and Carrie A. Clark. The court held that a Massachusetts environmental police officer did not effect a seizure in the constitutional sense when he activated white "take down lights" on his vehicle to illuminate the area before approaching a parked automobile occupied by the defendants. We...
3. Commonwealth v. Augello, SJC-10188 (Mass. 11/20/2008) (Mass., 2008) November 20, 2008 RESCRIPT... In Commonwealth v. Augello, 71 Mass.App.Ct. 105 (2008), the Appeals Court affirmed a District Court judge's order allowing the defendants' motion to suppress evidence found during a warrantless search of their apartment. Specifically, the court rejected, as did the motion judge, the Commonwealth's claim that a certain suitcase found by the officers inside the apartment had been abandoned by the defendants—thereby eliminating any reasonable expectation of privacy they may have...
4. Commonwealth v. Boyd, No. 06-P-1629 (Mass. App. 11/20/2008) (Mass. App., 2008) November 20, 2008 A jury of the Superior Court convicted the defendant of kidnapping, G.L. c. 265, § 26; assault by means of a dangerous weapon, G.L. c. 265, § 15B; assault and battery, G.L. c. 265, § 13A; and threats, G.L. c. 275, § 2. It acquitted him on the charges of rape and indecent assault and battery. The defendant alleges three errors on appeal: (1) the kidnapping charge lacked sufficient evidence to support the indictment and conviction, and merged with the assault-related charges;...
5. Commonwealth v. Albert, No. 07-P-1515 (Mass. App. 11/20/2008) (Mass. App., 2008) November 20, 2008 DECISIONS PURSUANT TO RULE 1:28... Order revoking probation affirmed. Order denying motion to revise and revoke affirmed...
6. Digiovanni v. Clarke, No. 07-P-1553 (Mass. App. 11/20/2008) (Mass. App., 2008) November 20, 2008 DECISIONS PURSUANT TO RULE 1:28... Judgment after remand dated August 10, 2007, affirmed...
7. Kaplan v. Kaplan, No. 07-P-1792 (Mass. App. 11/20/2008) (Mass. App., 2008) November 20, 2008 DECISIONS PURSUANT TO RULE 1:28... Judgment dated March 15, 2005, on complaint for contempt affirmed...
8. Janvrin v. Janvrin, No. 07-P-1851 (Mass. App. 11/20/2008) (Mass. App., 2008) November 20, 2008 DECISIONS PURSUANT TO RULE 1:28... Judgment dated June 19, 2007, affirmed...
9. Roberson v. Goddard House, No. 07-P-1934 (Mass. App. 11/20/2008) (Mass. App., 2008) November 20, 2008 DECISIONS PURSUANT TO RULE 1:28... The judgment entered October 2, 2007, is vacated, and the case is remanded to the Superior Court for further proceedings consistent with the memorandum and order of the Appeals Court...
10. Commonwealth v. Short, No. 08-P-129 (Mass. App. 11/20/2008) (Mass. App., 2008) November 20, 2008 DECISIONS PURSUANT TO RULE 1:28... Judgments affirmed...
11. Anderson v. Kent, No. 07-P-1238 (Mass. App. 11/19/2008) (Mass. App., 2008) November 19, 2008 DECISIONS PURSUANT TO RULE 1:28... The judgment is vacated, and the case is remanded for determination of the boundaries of the filled area and entry of a modified judgment, consistent with the memorandum and order of the Appeals Court, declaring the title held by each of the parties in their respective portions of the disputed parcel...
12. Commonwealth v. Ryan, No. 07-P-1350 (Mass. App. 11/19/2008) (Mass. App., 2008) November 19, 2008 DECISIONS PURSUANT TO RULE 1:28... Judgment affirmed...
13. Waite v. Levasseur, No. 07-P-1364 (Mass. App. 11/19/2008) (Mass. App., 2008) November 19, 2008 DECISIONS PURSUANT TO RULE 1:28... Order entered on September 6, 2007, denying Mass.R.Dom.Rel.P. 60(b) motion affirmed...
14. Commonwealth v. Burton, No. 07-P-1426 (Mass. App. 11/19/2008) (Mass. App., 2008) November 19, 2008 DECISIONS PURSUANT TO RULE 1:28... Judgments affirmed...
15. Gilroy v. Arbella Protection Insurance Company, No. 07-P-1527 (Mass. App. 11/19/2008) (Mass. App., 2008) November 19, 2008 DECISIONS PURSUANT TO RULE 1:28... Judgments affirmed...
16. Commonwealth v. Searles, No. 07-P-1565 (Mass. App. 11/19/2008) (Mass. App., 2008) November 19, 2008 DECISIONS PURSUANT TO RULE 1:28... Orders denying motion to withdraw guilty pleas and motion for reconsideration affirmed...
17. Commonwealth v. Sabree, No. 07-P-1614 (Mass. App. 11/19/2008) (Mass. App., 2008) November 19, 2008 DECISIONS PURSUANT TO RULE 1:28... Order entered August 30, 2006, denying motion for new trial affirmed...
18. Granite City Electric Supply Company v. Leblanc, No. 07-P-1893 (Mass. App. 11/19/2008) (Mass. App., 2008) November 19, 2008 DECISIONS PURSUANT TO RULE 1:28... Judgment affirmed...
19. Commonwealth v. Alvarez, No. 03-P-364 (Mass. App. 11/18/2008) (Mass. App., 2008) November 18, 2008 DECISIONS PURSUANT TO RULE 1:28... Judgments affirmed...
20. Zabin v. Picciotto, No. 06-P-1419 (Mass. App. 11/18/2008) (Mass. App., 2008) November 18, 2008 Following a lengthy trial, a Superior Court jury returned a verdict in favor of the plaintiffs on their respective claims for recovery of attorney's fees, and against the defendants on their counterclaims for malpractice and related claims. Thereafter, the trial judge (who had reserved the parties' claims and counterclaims under G.L. c. 93A) ruled that the various c. 93A claims should be dismissed. On appeal, the defendants raise numerous claims of error. In addition, the plaintiff Joel...

Decision Date

1. In re Bisazza's, SJC-10183 (Mass. 11/20/2008) (Mass., 2008)

November 20, 2008

In this case, we must decide whether G.L. c. 152, § 1(7A), of the workers' compensation law, which defines the term "personal injury," requires a greater "work-relatedness" nexus for emotional and mental injury compensation than is required for physical injury compensation under G.L. c. 152, § 26. Generally, a worker may recover for all personal injuries "arising out of and in the course of his employment." G.L. c. 152, § 26. However, compensable personal...

2. Commonwealth v. Clark, SJC-10185 (Mass. 11/20/2008) (Mass., 2008)

November 20, 2008

RESCRIPT... In Commonwealth v. Briand, 71 Mass.App.Ct. 160 (2008), the Appeals Court reversed a District Court judge's order allowing motions to suppress filed by the two codefendants, Evan L. Briand and Carrie A. Clark. The court held that a Massachusetts environmental police officer did not effect a seizure in the constitutional sense when he activated white "take down lights" on his vehicle to illuminate the area before approaching a parked automobile occupied by the defendants. We...

3. Commonwealth v. Augello, SJC-10188 (Mass. 11/20/2008) (Mass., 2008)

November 20, 2008

RESCRIPT... In Commonwealth v. Augello, 71 Mass.App.Ct. 105 (2008), the Appeals Court affirmed a District Court judge's order allowing the defendants' motion to suppress evidence found during a warrantless search of their apartment. Specifically, the court rejected, as did the motion judge, the Commonwealth's claim that a certain suitcase found by the officers inside the apartment had been abandoned by the defendants—thereby eliminating any reasonable expectation of privacy they may have...

4. Commonwealth v. Boyd, No. 06-P-1629 (Mass. App. 11/20/2008) (Mass. App., 2008)

November 20, 2008

A jury of the Superior Court convicted the defendant of kidnapping, G.L. c. 265, § 26; assault by means of a dangerous weapon, G.L. c. 265, § 15B; assault and battery, G.L. c. 265, § 13A; and threats, G.L. c. 275, § 2. It acquitted him on the charges of rape and indecent assault and battery. The defendant alleges three errors on appeal: (1) the kidnapping charge lacked sufficient evidence to support the indictment and conviction, and merged with the assault-related charges;...

5. Commonwealth v. Albert, No. 07-P-1515 (Mass. App. 11/20/2008) (Mass. App., 2008)

November 20, 2008

DECISIONS PURSUANT TO RULE 1:28... Order revoking probation affirmed. Order denying motion to revise and revoke affirmed...

6. Digiovanni v. Clarke, No. 07-P-1553 (Mass. App. 11/20/2008) (Mass. App., 2008)

November 20, 2008

DECISIONS PURSUANT TO RULE 1:28... Judgment after remand dated August 10, 2007, affirmed...

7. Kaplan v. Kaplan, No. 07-P-1792 (Mass. App. 11/20/2008) (Mass. App., 2008)

November 20, 2008

DECISIONS PURSUANT TO RULE 1:28... Judgment dated March 15, 2005, on complaint for contempt affirmed...

8. Janvrin v. Janvrin, No. 07-P-1851 (Mass. App. 11/20/2008) (Mass. App., 2008)

November 20, 2008

DECISIONS PURSUANT TO RULE 1:28... Judgment dated June 19, 2007, affirmed...

9. Roberson v. Goddard House, No. 07-P-1934 (Mass. App. 11/20/2008) (Mass. App., 2008)

November 20, 2008

DECISIONS PURSUANT TO RULE 1:28... The judgment entered October 2, 2007, is vacated, and the case is remanded to the Superior Court for further proceedings consistent with the memorandum and order of the Appeals Court...

10. Commonwealth v. Short, No. 08-P-129 (Mass. App. 11/20/2008) (Mass. App., 2008)

November 20, 2008

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

11. Anderson v. Kent, No. 07-P-1238 (Mass. App. 11/19/2008) (Mass. App., 2008)

November 19, 2008

DECISIONS PURSUANT TO RULE 1:28... The judgment is vacated, and the case is remanded for determination of the boundaries of the filled area and entry of a modified judgment, consistent with the memorandum and order of the Appeals Court, declaring the title held by each of the parties in their respective portions of the disputed parcel...

12. Commonwealth v. Ryan, No. 07-P-1350 (Mass. App. 11/19/2008) (Mass. App., 2008)

November 19, 2008

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

13. Waite v. Levasseur, No. 07-P-1364 (Mass. App. 11/19/2008) (Mass. App., 2008)

November 19, 2008

DECISIONS PURSUANT TO RULE 1:28... Order entered on September 6, 2007, denying Mass.R.Dom.Rel.P. 60(b) motion affirmed...

14. Commonwealth v. Burton, No. 07-P-1426 (Mass. App. 11/19/2008) (Mass. App., 2008)

November 19, 2008

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

15. Gilroy v. Arbella Protection Insurance Company, No. 07-P-1527 (Mass. App. 11/19/2008) (Mass. App., 2008)

November 19, 2008

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

16. Commonwealth v. Searles, No. 07-P-1565 (Mass. App. 11/19/2008) (Mass. App., 2008)

November 19, 2008

DECISIONS PURSUANT TO RULE 1:28... Orders denying motion to withdraw guilty pleas and motion for reconsideration affirmed...

17. Commonwealth v. Sabree, No. 07-P-1614 (Mass. App. 11/19/2008) (Mass. App., 2008)

November 19, 2008

DECISIONS PURSUANT TO RULE 1:28... Order entered August 30, 2006, denying motion for new trial affirmed...

18. Granite City Electric Supply Company v. Leblanc, No. 07-P-1893 (Mass. App. 11/19/2008) (Mass. App., 2008)

November 19, 2008

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

19. Commonwealth v. Alvarez, No. 03-P-364 (Mass. App. 11/18/2008) (Mass. App., 2008)

November 18, 2008

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

20. Zabin v. Picciotto, No. 06-P-1419 (Mass. App. 11/18/2008) (Mass. App., 2008)

November 18, 2008

Following a lengthy trial, a Superior Court jury returned a verdict in favor of the plaintiffs on their respective claims for recovery of attorney's fees, and against the defendants on their counterclaims for malpractice and related claims. Thereafter, the trial judge (who had reserved the parties' claims and counterclaims under G.L. c. 93A) ruled that the various c. 93A claims should be dismissed. On appeal, the defendants raise numerous claims of error. In addition, the plaintiff Joel...

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