Keyword Search: Summary Judgment
SJC-10616: SHAWN DRUMGOLD vs. COMMONWEALTH
Amicus due February 16, 2010 - Argument: April 5, 2010
Keywords: Civil Procedure - Criminal Law - Criminal Procedure - Summary Judgment
Question Presented: What proof must a former convict offer at summary judgment to establish that his exoneration qualifies him to sue the Commonwealth for erroneous felony conviction, pursuant to G.L. c. 258D, § 1?
Facts: The plaintiff, Shawn Drumgold, was convicted of a gang-related murder on the testimony of a number of witnesses who claimed to have seen him planning for or en route to …
SJC-10597: CHARLES LEV vs. BEVERLY ENTERPRISES-MASSACHUSETTS, INC.
Amicus due February 16, 2010 - Argument: March 1, 2010
Keywords: Employment - Negligence - Respondeat Superior - Summary Judgment - Torts
Question Presented: Whether an employer can be liable for a drunk driving accident caused by an employee on the way home from a business meeting.
Facts: The defendant, Beverly Enterprises, employed John Ahern as a cook. Taking the facts in the light most favorable to the plaintiff, Ahern’s supervisor asked him to come to a …
SJC-10584: STEPHEN ANZALONE vs. ADMINISTRATIVE OFFICE OF THE TRIAL COURT & another
Argument: May 3, 2010
Keywords: CJAM - Employment - Mandamus - Probation - Summary Judgment
Question Presented: Whether the Chief Justice for Administration and Management (CJAM) acted within his authority in rejecting the appointment of a probation officer.
Facts: Plaintiff Stephen Anzalone was certified for appointment as a probation officer by the Commissioner of Probation. Six months later, the CJAM rejected Anzalone’s appointment without explanation. Anzalone filed claims …