Limbaugh v. Commonwealth (Lawyers Weekly No. 10-119-13)
Defendant cannot use emergency relief to challenge pretrial dismissal denial; direct appeal after conviction provides adequate remedy.
Massachusetts Legal Resources
Week in Review: Hernandez Investigation
The following were the top articles on South End Patch from June 24 to June 28, 2013: Poli South End Patch News
Harmon Law Offices, P.C. v. Attorney General (Lawyers Weekly No. 11-085-13)
Attorney General's civil investigative demands to foreclosure law firm upheld; firm's claims of attorney-client privilege and litigation privilege rejected as insufficiently related to contemplated litigation.
In the Matter of the Estate of Sharis (Lawyers Weekly No. 11-086-13)
Grandson's will challenged for lack of independent counsel and fiduciary's undue influence; burden shifted to fiduciary beneficiary; affirmed.
Hugenberger, et al. v. Alpha Management Corp. (Lawyers Weekly No. 11-087-13)
Consumer Protection Act claim requires introduction of statutory demand letter at trial to prove an element of the case and determine available damages.
Alford v. Thibault, et al. (Lawyers Weekly No. 11-084-13)
Life tenant with absolute power of sale under will owes no fiduciary duty to remainder interests regarding sale price, and sale below market value under tax foreclosure pressure was not fraudulent.
First Specialty Insurance Corporation v. Pilgrim Insurance Company (Lawyers Weekly No. 11-082-13)
General liability insurer owed no duty to defend insureds sued for negligent hiring and supervision where policy's automobile exclusion contained language explicitly covering such claims.
Cooper v. Keto (Lawyers Weekly No. 11-083-13)
Father contractually bound by silence to college expenses but contempt finding reversed due to ambiguity in divorce judgment language.
Flood v. Commonwealth (Lawyers Weekly No. 10-116-13)
Interlocutory review denied where civil commitment petitioner claims trial deadline violated; speedy trial violations reviewable on final appeal.
Mostyn v. Department of Environmental Protection, et al. (Lawyers Weekly No. 11-081-13)
DEP properly approved seasonal kayak storage on a degraded coastal dune where strict performance standards would be met through replanting and monitoring over three years.