Commonwealth v. Harris (Lawyers Weekly No. 11-031-18)
Police unlawfully stopped and seized defendant based on stale "casing" report. Officers lacked reasonable suspicion when they requested identification and conducted record checks.
Massachusetts Legal Resources
Bruno, et al. v. Zoning Board of Appeals of Tisbury, et al. (Lawyers Weekly No. 11-032-18)
Statute of limitations for zoning enforcement action to compel removal of structure commences when conveyance separates nonconforming lots, not when ANR subdivision plan is endorsed.
Citadel Realty, LLC v. Endeavor Capital North, LLC, et al. (Lawyers Weekly No. 11-033-18)
Scope of interlocutory appeal under lis pendens statute; mortgagee's duty of good faith in foreclosure sale when mortgagee is also the buyer; failure to discharge prior mortgage.
Commonwealth v. Sutherland (Lawyers Weekly No. 11-034-18)
Heroin possession conviction affirmed despite erroneous admission of appearance-based expert testimony, based on substantial admissible evidence of intent to distribute and defendant's own incriminating statements.
Rafferty v. Merck & Co., Inc., et al. (Lawyers Weekly No. 10-041-18)
Generic drug consumer may bring recklessness claim against brand-name manufacturer for failure to warn, but not ordinary negligence claim. Consumer protection claim dismissed.
Commonwealth v. Brown (Lawyers Weekly No. 10-042-18)
Court upheld witness intimidation conviction, holding District Court had jurisdiction where victim was potential witness. Affirmed conviction and sentencing.
Boston Restoration Resources, Inc. v. Pitts, et al. (Lawyers Weekly No. 09-026-18)
Party lacks standing to quash subpoena served on non-party absent personal legal right or privilege in requested documents.
In the Matter of E.C. (Lawyers Weekly No. 10-039-18)
Dismissal of criminal charges does not require immediate release from commitment when extension petition pending. Amendment to civil commitment petition allowed.
Commonwealth v. Wright (Lawyers Weekly No. 10-040-18)
Murder convictions affirmed. Statements to Canadian authorities admissible despite lack of Miranda warnings. Trial judge properly ordered disclosure of defense mental health expert's report.
Cedar-Fieldstone Marketplace, LP v. T.S. Fitness, Inc., et al. (Lawyers Weekly No. 11-030-18)
Guarantor's obligations survive settlement of principal obligor's debt absent explicit contractual language providing otherwise; plain terms of guaranty control.