St. Laurent, et al. v. Middleborough Gas & Electric Department (Lawyers Weekly No. 11-039-18)
Municipal gas and electric department qualifies as public employer under Massachusetts Tort Claims Act despite separate legal status from town.
Massachusetts Legal Resources
Commonwealth v. Lujan (Lawyers Weekly No. 11-038-18)
Statements suppressed where defendant questioned through untrained interpreter in non-primary language with numerous mistranslations and leading questions.
Donarumo, et al. v. Phillips, et al. (Lawyers Weekly No. 09-034-18)
Legal malpractice claim based on lawyers' negligent overoptimism about trial prospects and failure to advise settlement survives summary judgment; continuing representation doctrine tolls statute of limitations.
In the Matter of Children
Father sought superintendence review after Appeals Court denied interlocutory petition regarding child custody. Affirmed, holding no additional review available.
Mooney, et al. v. Diversified Business Communications, et al. (Lawyers Weekly No. 09-030-18)
Minority shareholders' claims for breach of implied covenant of good faith survive dismissal, but fiduciary duty claims are barred where same conduct breaches operating agreement.
O’Malley v. Burr, et al. (Lawyers Weekly No. 09-031-18)
Lawyer sued for fraud and concealment dismissed on statute of limitations grounds; limitations period began when plaintiff learned of the alleged misrepresentations in November 2011.
Mullins v. Corcoran, et al. (Lawyers Weekly No. 09-032-18)
Court rules on motions in limine and bifurcation in property development dispute between co-owners over breach of contract and fiduciary duty claims.
America’s Test Kitchen Inc. v. Kimball, et al. (Lawyers Weekly No. 09-033-18)
Privilege dispute between former Test Kitchen employees and investors competing with the company, addressing attorney-client privilege, common interest doctrine, and work product protection.
Cournoyer v. Department of State Police, et al. (Lawyers Weekly No. 11-037-18)
Former State police trooper medically retired in 2000 sought reinstatement; department required recruit training. Court held statute unambiguously grants colonel discretion to require academy training.
Commonwealth v. Langley (Lawyers Weekly No. 09-029-18)
Defendant charged with placing explosive devices in neighbor's yard. Court dismisses because Commonwealth presented no evidence that the bottles actually contained substances capable of ignition, only that defendant believed they would.