Week in Review: Life In Prison for South End Murder
In case you missed it, here are this week's top headlines from the South End. South End Patch News
Massachusetts Legal Resources
Commonwealth v. Lezynski (Lawyers Weekly No. 10-144-13)
Expert witness improperly testified to quantitative toxicology results without having performed the tests. Error harmless where overwhelming independent evidence of possession with intent to distribute fentanyl existed.
Cannonball Fund, Ltd., et al. v. Dutchess Capital Management, LLC, et al. (Lawyers Weekly No. 11-094-13)
Savings statute applies to voluntary dismissals made because plaintiff reasonably expected court would dismiss for lack of personal jurisdiction.
Machado, et al. v. System4 LLC, et al. (Lawyers Weekly No. 10-143-13)
Wage-and-hour class action; arbitration agreement with class waiver; federal precedent affects prior state court reasoning but does not alter ultimate outcome.
Feeney, et al. v. Dell Inc., et al. (Lawyers Weekly No. 10-142-13)
Federal Arbitration Act requires enforcement of class action waivers in arbitration agreements even when plaintiffs cannot afford individual arbitration.
Spaniol’s Case (Lawyers Weekly No. 10-141-13)
Workers' compensation insurer may not offset attorney's fees against lump-sum award for specific permanent injuries under § 36; offset provision applies only to ongoing weekly benefits.
Morse, trustee v. Kraft, et al. (Lawyers Weekly No. 10-140-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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…
Week in Review: Shots Fired, Fire Hits Apartment
In case you missed it, here are this week's top headlines from the South End. South End Patch News
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.
Commonwealth v. Charles, et al. (Lawyers Weekly No. 10-138-13)
Superior Court judges have inherent authority to stay execution of sentences pending new trial motions in exceptional circumstances. Special magistrates lack such authority but may make proposed findings for judicial review.