Johnson, et al. v. Kindred Healthcare, Inc., et al. (Lawyers Weekly No. 10-009-14)
Health care agent lacks authority to bind principal to arbitration agreement. Health care proxy statute limits agent's power to medical treatment decisions only.
Inc.
Lighthouse Masonry, Inc., et al. v. Division of Administrative Law Appeals, et al. (Lawyers Weekly No. 10-204-13)
Prevailing wage law citation appeal. Internal agency review of hearing officer decisions permissible. Hearing officer substitution allowed when original officer unavailable before decision issued.
Mello Construction, Inc. v. Division of Capital Asset Management (Lawyers Weekly No. 11-147-13)
Appeals court affirms dismissal of contractor's damages suit against state agency for denying certification application; no private right of action exists, and certiorari is proper remedy.
Beverly Port Marina, Inc. v. Commissioner of the Department of Environmental Protection, et al. (Lawyers Weekly No. 11-145-13)
Competing waterfront project must meet regulatory criteria based on reasonable feasibility, not conclusive proof of all permits and approvals.
Bailey v. Astra Tech, Inc., et al. v. Stockard, et al. (Lawyers Weekly No. 11-142-13)
Shareholders' agent lacked exclusive negotiation rights or irrevocable authority; settling shareholders could independently settle escrow dispute with acquirer without agent approval.
Diamond Group, Inc. v. Selective Distribution International, Inc. (Lawyers Weekly No. 11-139-13)
Nonresident purchaser subject to Massachusetts jurisdiction based on repeated large-volume orders placed electronically with Massachusetts supplier over twenty-one months, despite lack of physical presence in state.
Aleo v. SLB Toys USA, Inc., et al. (Lawyers Weekly No. 10-169-13)
Toys R Us negligently imported and sold non-compliant pool slide that caused customer's death. Affirmed jury verdict for negligence, breach of warranty, and $18 million punitive damages.
State Room, Inc. v. MA-60 State Associates, L.L.C., et al. (Lawyers Weekly No. 11-111-13)
Appraisal for lease renewal rate reviewable only for fraud or corruption, not for alleged computational errors within appraiser's authority.
N.E. Physical Therapy Plus, Inc. v. Liberty Mutual Insurance Company (Lawyers Weekly No. 10-166-13)
Insurance company sought to introduce statistical database evidence to challenge medical bill reasonableness under hearsay exception. Court held trial judges retain discretion to exclude unreliable data even when statutory requirements are met.
W.A. Wilde Company, Inc. v. Board of Assessors of Holliston (Lawyers Weekly No. 11-095-13)
Statute requiring assessors to prove assessed value in certain circumstances applies only when board previously made affirmative determination of fair cash value.