Lu v. City of Boston, et al. (Lawyers Weekly No. 10-127-14)
State court properly dismissed declaratory judgment action attempting to circumvent federal appeal of adverse ruling on counsel disqualification.
City
Rodriguez v. City of Somerville (Lawyers Weekly No. 11-077-14)
Presentment under the Massachusetts Tort Claims Act is a condition precedent to suit, not immunity from suit, and thus denials of motions to dismiss based on inadequate presentment are not immediately appealable.
Wilkins v. City of Haverhill (Lawyers Weekly No. 10-079-14)
School negligence immunity statute applies only when land is open to the general public, not to discrete groups like parents attending conferences.
City of Boston v. Boston Police Superior Officers Federation (Lawyers Weekly No. 10-155-13)
Police commissioner's statutory power to assign and transfer officers is nondelegable and cannot be delegated to arbitration even with employer consent.
McLaughlin v. City of Lowell (Lawyers Weekly No. 11-093-13)
Fire captain denied reinstatement after split medical panel decision affirmed; discrimination claims fail because he is not a qualified handicapped person under statutory scheme.
City of Worcester v. College Hill Properties, LLC, et al. (Lawyers Weekly No. 10-083-13)
Apartments with full leases are not lodgings under the lodging house act; tenants renting complete dwelling units differ legally from lodgers renting rooms.
Dixon v. City of Malden (Lawyers Weekly No. 10-032-13)
Employer cannot use later salary continuation payments to satisfy Wage Act obligation to pay accrued vacation on employee's termination date.
Shapiro, et al. v. City of Worcester (Lawyers Weekly No. 10-014-13)
Homeowners' nuisance claims against Worcester for sewage discharge not barred by presentment requirement applied retroactively or by municipal immunity provisions.