Commonwealth v. Gonzalez (Lawyers Weekly No. 11-028-18)
Drug trafficking stop upheld despite insufficient record on informant's prior tip history; substitute chemist testimony permitted under Sixth Amendment confrontation clause.
Massachusetts Legal Resources
Commonwealth v. Fredericq (Lawyers Weekly No. 11-029-18)
Reversed in part and affirmed in part. Real-time cell-site location tracking without a warrant violated the defendant's rights, but cocaine in a common attic crawl space remained admissible.
Bassett, et al. v. Triton Technologies, Inc., et al. (Lawyers Weekly No. 09-022-18)
Call center processing customer orders via telephone script is not a retail store requiring premium Sunday pay under Massachusetts Blue Laws.
Caplan, et al. v. Town of Acton (Lawyers Weekly No. 10-038-18)
Anti-aid amendment challenges to historic preservation grants for active churches evaluated under three-factor test. Stained glass grant likely violates amendment despite secular preservation purpose.
North American Catholic Educational Programming Foundation, Inc., et al. v. Clearwire Spectrum Holdings II LLC, et al. (Lawyers Weekly No. 09-023-18)
Court denies stay of equitable claims pending arbitration, holding that licensing agreement's carve-out permits court pursuit of injunctive relief despite parallel damage claims in arbitration.
Wise v. Big Tuna, LLC, et al. (Lawyers Weekly No. 09-025-18)
Malicious prosecution claims dismissed when underlying litigation unresolved. Abuse of process and tortious interference claims allowed to proceed where allegations suggest groundless claims filed to pressure settlement.
Omega Demolition Corp. v. Walsh Construction Company, et al. (Lawyers Weekly No. 09-024-18)
Subcontractor's breach claim based on failure to supply shielding for bridge demolition survives motion to dismiss despite integration clauses, due to ambiguous incorporation of primary contract terms.
Brining v. Donovan, et al. (Lawyers Weekly No. 09-020-18)
Trustee process attachments denied where no funds absolutely due defendant; spendthrift trust and contingent distributions bar attachment; fraudulent transfer claims require separate action.
Barton & Associates, Inc. v. Matarese, et al. (Lawyers Weekly No. 09-021-18)
Permanent injunction from settlement agreement barring company from hiring former employees remains enforceable despite substantial business growth over 13 years.
Skiffington v. Liberty Mutual Insurance Company (Lawyers Weekly No. 11-027-18)
Insured failed to prove actual costs for substitute transportation; standard policy covers loss-of-use damages only when claimant incurs documented expenses.