Cormier, et al. v. City of Lynn, et al. (Lawyers Weekly No. 10-033-18)
School district immune from liability for negligent failure to prevent bullying and resulting serious injury to student under Section 10(j) of Massachusetts Tort Claims Act.
City
Grand Manor Condominium Association, et al. v. City of Lowell (Lawyers Weekly No. 10-015-18)
Statute of limitations for environmental property damage claims begins when owners discover damage not curable by remediation process, not when contamination is first discovered.
City of Beverly v. Bass River Golf Management, Inc., et al. (Lawyers Weekly No. 11-002-18)
Affirmed judgment for municipality against golf course manager for breach of contract, rejecting manager's defenses based on alleged accessibility violations.
Andrade, et al. v. City of Somerville (Lawyers Weekly No. 11-139-17)
Somerville police's failure to recover firearms from a disqualified licensee was immune from tort liability under Massachusetts Tort Claims Act section 10(e), which broadly shields public employers from licensing-related claims.
Saliba v. City of Worcester (Lawyers Weekly No. 11-137-17)
State statute prohibiting lie detector tests applies only to employers requiring or requesting tests, not using preexisting results obtained from another jurisdiction.
Smith, et al. v. City of Westfield, et al. (Lawyers Weekly No. 10-155-17)
Municipal parkland protected by Article 97 even without recorded restrictions when clearly and unequivocally dedicated by municipality and publicly accepted through use.
Malden Police Patrolman’s Association v. City of Malden (Lawyers Weekly No. 11-103-17)
Court reverses summary judgment on Wage Act claim for unpaid police detail pay, remanding to determine whether compensation was due under Wage Act or municipal finance law depending on whether work was performed for city or third parties.
City of Boston v. Boston Police Patrolmen’s Association (Lawyers Weekly No. 10-118-17)
Arbitrator ordered reinstatement of officer who applied chokehold, finding no misconduct. Court affirmed despite public policy concerns about excessive force.
Benoit v. City of Boston (and a consolidated case) (Lawyers Weekly No. 10-080-17)
Workers' compensation benefits do not constitute "compensation" under a statute prohibiting suspended public employees from receiving compensation during suspension, because such benefits are not paid in return for services rendered.
Gannon v. City of Boston (Lawyers Weekly No. 10-059-17)
Police officer restricted to desk duty after head injuries sued for disability discrimination. Court held the case requires proof of actual capability, not that employer's reasoning was pretextual, and remanded for trial.