Hyannis Anglers Club, Inc., et al. v. Harris Warren Commercial Kitchens, LLC (and a consolidated case) (Lawyers Weekly No. 11-063-17)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us
16-P-34 Appeals Court
HYANNIS ANGLERS CLUB, INC., & others[1] vs. HARRIS WARREN COMMERCIAL KITCHENS, LLC[2] (and a consolidated case[3]).
No. 16-P-34.
Barnstable. October 14, 2016. – May 23, 2017.
Present: Vuono, Massing, & Sacks, JJ.
Consumer Protection Act, Unfair or deceptive act, Attorney’s fees, Damages. Fraud. Deceit. Damages, Consumer protection case, Deceit.
Civil actions commenced in the Superior Court Department on September 6, 2011, and April 29, 2013.
Benoit v. City of Boston (and a consolidated case) (Lawyers Weekly No. 10-080-17)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us
SJC-12204
BRIAN BENOIT vs. CITY OF BOSTON
(and a consolidated case[1]).
Suffolk. January 9, 2017. – May 16, 2017.
Present: Gants, C.J., Lenk, Hines, Gaziano, Lowy, & Budd, JJ.
Workers’ Compensation Act, Compensation, Public employee, Decision of Industrial Accident Reviewing Board, Insurer. Public Employment, Suspension, Worker’s compensation. Municipal Corporations, Officers and employees.
Civil action commenced in the Superior Court Department on November 24, 2014.
Comeau’s Case (Lawyers Weekly No. 11-053-17)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us
16-P-134 Appeals Court
JEFFREY COMEAU’S CASE.
No. 16-P-134.
Suffolk. January 13, 2017. – May 8, 2017.
Present: Grainger, Wolohojian, & Neyman, JJ.
Workers’ Compensation Act, Interest. Statute, Construction. Massachusetts Insurers Insolvency Fund. Words, “Claim.”
Appeal from a decision of the Industrial Accident Reviewing Board.
Michael Brangwynne & John G. Neylon, Sr., for the employee.
Paul M. Moretti for Massachusetts Insurance Insolvency Fund.
Verizon New England Inc. v. Board of Assessors of Boston (and a consolidated case) (Lawyers Weekly No. 10-173-16)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us
SJC-12034
VERIZON NEW ENGLAND INC. vs. BOARD OF ASSESSORS OF BOSTON (and a consolidated case[1]).
Suffolk. April 7, 2016. – November 2, 2016.
Present: Gants, C.J., Spina, Cordy, Botsford, Duffly, & Hines, JJ.[2]
Telephone Company. Taxation, Assessors, Personal property tax: value. Constitutional Law, Taxation.
Appeal from a decision of the Appellate Tax Board.
The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court.
Commonwealth v. Rosario (and a companion case) (Lawyers Weekly No. 11-156-16)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us
15-P-752 Appeals Court
15-P-753
COMMONWEALTH vs. CARLOS ROSARIO (and a companion case[1]).
Nos. 15-P-752 & 15-P-753.
Essex. May 17, 2016. – October 26, 2016.
Present: Cypher, Blake, & Henry, JJ.
Controlled Substances. Practice, Criminal, Identification of defendant in courtroom, Required finding, Disclosure of evidence. Constitutional Law, Identification. Due Process of Law, Identification. Evidence, Identification, Chain of custody, Disclosure of evidence, Cross-examination. “School Zone” Statute.
Thompson, et al. v. Civil Service Commission, et al. (and a companion case) (Lawyers Weekly No. 11-144-16)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us
15-P-330 Appeals Court
PRESTON THOMPSON & others[1] vs. CIVIL SERVICE COMMISSION & another[2] (and a companion case[3]).
No. 15-P-330.
Suffolk. May 10, 2016. – October 7, 2016.
Present: Cypher, Blake, & Henry, JJ.
Civil Service, Police, Termination of employment, Testing, Reinstatement of personnel, Decision of Civil Service Commission. Labor, Police, Collective bargaining, Discharge. Municipal Corporations, Police, Collective bargaining. Police, Discharge, Collective bargaining. Public Employment, Police, Collective bargaining, Termination, Reinstatement of personnel. Administrative Law, Substantial evidence. Damages, Back pay.
Commonwealth v. Leonard (and a companion case) (Lawyers Weekly No. 11-120-16)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us
14-P-1464 Appeals Court
COMMONWEALTH vs. JULIE LEONARD
(and a companion case[1]).
No. 14-P-1464.
Essex. February 11, 2016. – September 9, 2016.
Present: Kafker, C.J., Rubin, & Agnes, JJ.
Assault and Battery by Means of a Dangerous Weapon. Dangerous Weapon. Reckless Endangerment of a Child. Practice, Criminal, Complaint, Dismissal. Probable Cause.
Complaints received and sworn to in the Gloucester Division of the District Court Department on January 14 and 17, 2013.
Tusino v. Zoning Board of Appeals of Douglas, et al. (and a companion case) (Lawyers Weekly No. 11-107-16)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us
15-P-1400 Appeals Court
14-P-1193
LOUIS C. TUSINO vs. ZONING BOARD OF APPEALS OF DOUGLAS
& another[1] (and a companion case[2]).
Nos. 15-P-1400 & 14-P-1193.
Worcester. June 3, 2016. – August 25, 2016.
Present: Vuono, Wolohojian, & Blake, JJ.
Jurisdiction, Zoning. District Court, Jurisdiction, Appellate Division. Zoning, Appeal. Appeals Court, Jurisdiction. Practice, Civil, Zoning appeal, Appellate Division: appeal, Action in nature of mandamus, Moot case. Mandamus. Moot Question.
ENGIE Gas & LNG LLC v. Department of Public Utilities (and another case) (Lawyers Weekly No. 10-128-16)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us
SJC-12051
SJC-12052
ENGIE GAS & LNG LLC[1] vs. DEPARTMENT OF PUBLIC UTILITIES
(and another case[2]).
Suffolk. May 5, 2016. – August 17, 2016.
Present: Gants, C.J., Spina, Cordy, Botsford, Duffly, Lenk, & Hines, JJ.[3]
Department of Public Utilities. Practice, Civil, Review of order of Department of Public Utilities. Electric Company. Public Utilities, Electric company, Judicial review. Gas. Administrative Law, Judicial review, Rulemaking, Agency’s authority, Rate regulation. Statute, Construction.