Posts tagged "Ross"

Commonwealth v. Ross (Lawyers Weekly No. 11-133-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-1392                                       Appeals Court   COMMONWEALTH  vs.  DEJON ROSS.     No. 16-P-1392.   Middlesex.     September 6, 2017. – October 11, 2017.   Present:  Massing, Kinder, & Ditkoff, JJ.     Motor Vehicle, Operating to endanger.  Practice, Criminal, Required finding.       Complaint received and sworn to in the Natick Division of the District Court Department on May 27, 2014.   After transfer to the Marlborough Division of the District Court Department, the case was tried before Michael L. Fabbri, J.     Justin D. Cohen for the defendant. Emily Walsh, Assistant District Attorney, for the Commonwealth.     DITKOFF, J.  The defendant, Dejon Ross, appeals from his conviction of negligent operation of a motor vehicle, G. L. c. 90, § 24(2)(a).  Concluding that evidence of the defendant’s excessive speed at night on a narrow residential two-lane road lined with trees, poles, and fences, after consuming alcohol, was sufficient to show that he operated negligently so that the lives or safety of the public might have been endangered, we affirm. Background.  On May 23, 2014, at approximately 9:50 P.M., a police officer in the town of Sherborn (town) observed the defendant driving a red sedan, southbound on Western Avenue in the town, at a high rate of speed.  At the location in question, Western Avenue is a public two-lane road with narrow, unpaved shoulders and no breakdown lane.  The road is lined by trees, telephone poles, and residential fences along where the incident occurred.  The officer testified that the speed limit was thirty-five miles per hour.  Using radar, the officer determined that the defendant was travelling at fifty miles per hour. The officer activated his police cruiser’s lights, and the defendant promptly pulled over to the side of the road.  The officer observed that the defendant was the driver and noticed two other passengers in the sedan.  When the defendant lowered the driver’s side window, the officer “immediately detected . . . a strong odor of an alcoholic beverage” and observed that the defendant’s eyes appeared “very glossy.” The officer asked the defendant to get out of the vehicle and then performed three field sobriety tests on him.[1]  While conducting the sobriety tests, the officer observed that the defendant (1) was unsteady during all three tests; (2) repeatedly stated, “I couldn’t even do this if I was sober” while standing on one leg; (3) spoke in “thick,” slurred language; […]

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Posted by Massachusetts Legal Resources - October 11, 2017 at 3:42 pm

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Fergus v. Ross (Lawyers Weekly No. 10-127-17)

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-12231   JOSEPH FERGUS  vs.  STEVEN A. ROSS.[1]       Suffolk.     April 4, 2017. – August 2, 2017.   Present:  Gants, C.J., Lenk, Hines, Gaziano, Lowy, & Budd, JJ.       Agency, Scope of authority or employment.  Attorney at Law, Attorney-client relationship.       Civil action commenced in the Superior Court Department on August 31, 2010.   The case was heard by Frances A. McIntyre, J.   After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review.     Arnold E. Cohen for the defendant. Gordon E. Feener (Danielle F. Wehrli also present) for the plaintiff.     LOWY, J.  In a jury-waived trial, a Superior Court judge determined that the defendant, Attorney Steven A. Ross, was negligent for his part in financing a real estate loan to the plaintiff, Joseph Fergus.  The judge found that the defendant had conferred apparent authority on an individual, Bernard Laverty, Jr., to act as his agent for the loan.  In the course of arranging the loan, unbeknownst to the defendant, Laverty asked the plaintiff to use a portion of the loan from the defendant to make a secured “side loan” to Laverty.  The plaintiff agreed.  Ultimately, however, the side loan was unsecured and Laverty defaulted.  Relying on the rule that imputes the knowledge of an agent to the principal, the judge found that the defendant was negligent for failing to inform the plaintiff prior to the closing that the side loan was not secured.  We now reverse, concluding that the facts found by the trial judge failed to establish that Laverty had the apparent authority to bind the defendant with respect to the side loan. Background.  The judge made the following factual findings, which the parties do not dispute on appeal. The plaintiff, a regular purchaser and seller of real estate, needed between $ 75,000 and $ 100,000 to complete renovations of a property in the Dorchester section of Boston.  Unable to acquire conventional financing for the project, he inquired about private financing through a mortgage broker, who referred the plaintiff to Laverty. Laverty had an existing relationship with the defendant, who operated a private lending operation through his law firm.  Laverty had received five or six loans from the defendant and had previously referred potential borrowers to the defendant.  Laverty informed the […]

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Posted by Massachusetts Legal Resources - August 2, 2017 at 5:40 pm

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Fergus v. Ross (Lawyers Weekly No. 11-066-16)

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-310                                        Appeals Court   JOSEPH FERGUS  vs.  STEVEN A. ROSS.[1] No. 15-P-310. Suffolk.     January 21, 2016. – June 9, 2016.   Present:  Green, Wolohojian, & Henry, JJ.     Agency, Scope of authority or employment.     Civil action commenced in the Superior Court Department on August 31, 2010.   The case was heard by Frances A. McIntyre, J.     Arnold E. Cohen for the defendant. Gordon E. Feener for the plaintiff.     WOLOHOJIAN, J.  We consider here a principal’s liability to a third party for the conduct and representations of his agent in the context of a private lending transaction.  Following a bench trial, a judge of the Superior Court concluded that Steven A. Ross, individually, was bound by promises Bernard Laverty, Jr., made to Joseph Fergus because Laverty was Ross’s agent and acted within the scope of his apparent authority.  Judgment accordingly entered against Ross, individually.  The central issue on appeal is whether the judge erred in concluding Laverty had apparent authority to bind Ross to act as closing agent on a side loan about which Ross did not have actual knowledge.  We affirm. Background.  We summarize the judge’s findings, which we must accept unless clearly erroneous.  See Weiler v. PortfolioScope, Inc., 469 Mass. 75, 81 (2014).  “A finding is ‘clearly erroneous’ when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.”  J.A. Sullivan Corp. v. Commonwealth, 397 Mass. 789, 792 (1986), quoting from United States v. United States Gypsum Co., 333 U.S. 364, 395 (1948).  Where there are two permissible views of the evidence, a judge’s finding adopting one view is not clearly erroneous.  See Pehoviak v. Deutsche Bank Natl. Trust Co., 85 Mass. App. Ct. 56, 65 (2014).[2] Fergus, a middle-aged man with an eighth grade education, is a public insurance adjuster also in the business of rebuilding damaged residential properties he comes across in his insurance work.  Fergus is savvy and smart, but he is not sophisticated about financial matters or perfecting security interests.  He had previously bought and sold several residential properties, financing them through conventional lenders.  Before the facts giving rise to this case, Fergus had never dealt with a private lender. In the summer of 2007, Fergus required between $ 75,000 and […]

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Posted by Massachusetts Legal Resources - June 9, 2016 at 4:32 pm

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Mike Ross: Lengthen School Day, Deputize Meter Maids

The city councilor from downtown Boston talks about climate change affecting Boston, and how he's staying in shape through the campaign. South End Patch News

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Posted by Massachusetts Legal Resources - August 7, 2013 at 1:05 am

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Things to Know in the South End, June 26: Jeff Ross at Darryl’s

1. Weather: The National Weather Service is predicting a cloudy day, with a high near 90 degrees. There's a chance of thunderstorms throughout the day.  2. Take Better Photos: The South End& South End Patch News

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Posted by Massachusetts Legal Resources - June 27, 2013 at 3:02 pm

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Things to Know in the South End, June 26: Jeff Ross at Darryl’s

1. Weather: The National Weather Service is predicting a cloudy day, with a high near 90 degrees. There’s a chance of thunderstorms throughout the day.  2. Take Better Photos: The South End’s Coco Baby hosts a special photography class for parents tonight from 7-8:30 p.m. Local photographer Susannah Bothe will discuss natural light techniques and suggest camera settings that will help everyone to get better pictures just in time for summer. Class cost is $ 30. Preregistration is required. See here for more information. 3. Jeff Ross Event: City Council at-large candidate Jeff Ross, a South End resident, is hosting an event to support his campaign at Darryl’s Corner Bar (604 Columbus Ave.) tonight from 5:30 to 7 p.m. See more information here.  4. Add Your Events: Are you hosting a summer block party, yard sale or special event in the neighborhood? Let the neigborhood know by adding it to our South End Events Calendar. 5. New Site Soon: Starting on tomorrow, you’ll see a brand new site for South End Patch. Don’t be scared – this new site will make it easier to share your news and find the news you’ve come to know and expect from South End Patch. Read more about the new site here.  Psst. Know what’s cool? Liking us on Facebook. Yeah, I said it.  Things you can do every day on South End Patch: Share your news with the rest of the community. Click here to add an announcement.  Add your events to our events calendar. Click here to sign up for breaking news updates. Want up-to-the-minute news? Click here to follow us on Facebook or Twitter.  Share your thoughts on your community in a blog. Click here to get started. South End Patch

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Posted by Massachusetts Legal Resources - June 26, 2013 at 1:22 pm

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South End’s Ross Launches City Council Campaign

Long time South End resident Jeff Ross announced this week he would officially start his campaign for an at large seat on Boston’s City Council.  Ross, a resident of the South End for the last 19 years, is an attorney in Boston, serves on the Democratic State Committee, and works as a local activist for LGBT rights. If elected, Ross, as an openly gay man, would be the first LGBT person to hold the at-large seat.  “I’m running for the City Council At-Large because I believe our city is best served when it is represented  by a diverse group that is reflective of the city itself,” said Ross. “While I’m not in the race to make history as the first openly gay At-Large city councilor, the significance of it is not lost on me. Boston is a city that is strong because of its diversity and I am excited about how my campaign is already bringing people together across identities to focus on the issues facing us all.” Ross said his main issues he wants to tackle would be to invest in small business owners, improve public school education make every neighborhood safer, and have each of Boston’s neighborhoods become a “destination” neighborhood.  “Each neighborhood has differnet aspects of culinary, art, business, venues and theater, and I think that each neighborhood can become a destination neighborhood for the city,” he said, specifically mentioning improvements in transportation to Hyde Park and Mattapan.  Ross also said he’d like to see more development in the city to help increase Boston’s tax base, and reduce resident property taxes at the same time.  “I struggled to establish a life where I could support a family, and I want to create better opportunities for the talent that comes here to Boston from all over to stay in the city,” he said.  Ross is one of about 20 candidates running for four at-large city council seats, including another South End resident, Michelle Wu. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch

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Posted by Massachusetts Legal Resources - June 19, 2013 at 10:54 am

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City Councilor Mike Ross Running for Mayor

District 8 City Councilor Mike Ross announced his candidacy for Boston mayor on Thursday.   “This week, our Red Sox returned for their home opener, providing Bostonians with a surge of hope, optimism and renewal. Every year on Opening Day, I think back to 13 years ago, during my earliest days as a city councilor, when a small group of us stood together against powerful forces to save Fenway Park. All of Boston won that fight and look at the neighborhood today,” Ross wrote via a new website for his mayoral candidacy. “Today, in that same spirit of community activism and determination to continue building a better Boston, I am announcing that I will be getting into the race for mayor,” added Ross. First elected in 1999, he has represented Back Bay, Beacon Hill, West End, Fenway, Kenmore Square, Audubon Circle, and Mission Hill.  Ross, whose father is a Holocaust survivor, and mother is a 71-year-old openly gay woman, tipped his hat to Boston Mayor Thomas Menino, “And it was Tom Menino who taught me long ago that the business of public service is, at its heart, about helping people. For many Bostonians, he is the only mayor they’ve ever known. My service as city council president was a partnership with Mayor Menino that I will always be proud of.” Ross joins fellow city councilors John Connolly, Felix Arroyo and Rob Consalvo, as announced candidates for mayor. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch

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Posted by Massachusetts Legal Resources - April 11, 2013 at 7:30 pm

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