Herrick v. Essex Regional Retirement Board, et al. (Lawyers Weekly No. 10-132-13)
Public employee denied retirement benefits when he resigned. Court reversed denial but disagreed on interest rate owed on retroactive award.
Massachusetts Legal Resources
Irwin v. Commonwealth (Lawyers Weekly No. 101-131-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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…
Preventive Medicine Associates, Inc., et al. v. Commonwealth (Lawyers Weekly No. 10-130-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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…
Drakopoulos, et al. v. U.S. Bank National Association, et al. (Lawyers Weekly No. 10-126-13)
Assignee of high-cost mortgage loan liable for origination violations; material fact disputes preclude summary judgment on predatory lending claims.
Commonwealth v. Smeaton (Lawyers Weekly No. 10-127-13)
Campus police officer authorized to stop vehicle for reckless driving on public way intersecting college campus; section 63 extends authority to land used by college and its environs.
Massachusetts Community College Council v. Massachusetts Board of Higher Education/Roxbury Community College (Lawyers Weekly No. 10-128-13)
Arbitration of collective bargaining dispute over denial of tenure: whether arbitrator's award was binding when contract made awards concerning tenure nonbinding.
Commonwealth v. Humphries (Lawyers Weekly No. 10-129-13)
Joint venturer charged with firearms offenses must raise license defense pretrial, but Commonwealth bears burden of proving coventurer unlicensed.
Deutsche Bank National Association v. First American Title Insurance Company (Lawyers Weekly No. 10-124-13)
Title insurer's duty to defend does not extend to claims challenging validity of underlying mortgage debt, only to defects in the mortgage lien itself.
Commonwealth v. Morris (Lawyers Weekly No. 10-125-13)
Trial judge properly instructed jury on consciousness of guilt from defendant's flight after stabbing, even where defendant asserted self-defense and claimed fear motivated his departure.
RFF Family Partnership, LP v. Burns & Levinson, LLP, et al. (Lawyers Weekly No. 10-121-13)
Law firm may assert attorney-client privilege over confidential communications with in-house counsel regarding response to client's malpractice claim, subject to four conditions protecting client interests.