Bonina v. Sheppard (Lawyers Weekly No. 11-070-17)
Unmarried cohabitant entitled to restitution for substantial contributions to improve partner's home based on actual costs incurred rather than increase in property value.
Appeals Court Opinions
Dudley v. Massachusetts State Police (Lawyers Weekly No. 11-071-17)
State Police dog attacks bystander during suspect pursuit in parking lot; discretionary immunity does not shield tactical field decisions from negligence liability.
Roth v. Newpol, et al. (Lawyers Weekly No. 11-069-17)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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…
Commonwealth v. Suriel (Lawyers Weekly No. 11-068-17)
Police had reasonable suspicion to stop vehicle based on observed secretive gun transfer in driveway, not mere possession of firearm.
Commonwealth v. Connolly (Lawyers Weekly No. 11-066-17)
Conviction vacated where prosecution's sole evidence was officer's testimony about destroyed surveillance video. Authentication and lay opinion identification foundations were inadequate.
Commonwealth v. Cooper (Lawyers Weekly No. 11-067-17)
Affirmed distribution conviction based on sufficient circumstantial evidence of drug identity; reversed school zone conviction, finding licensure insufficient to satisfy statute's accreditation requirement.
Commonwealth v. Lopez (Lawyers Weekly No. 11-065-17)
Therapeutic mentor's testimony that child lacked imaginative play ability improperly admitted as implicit vouching for victim's credibility; conviction reversed.
Hyannis Anglers Club, Inc., et al. v. Harris Warren Commercial Kitchens, LLC (and a consolidated case) (Lawyers Weekly No. 11-063-17)
Appeals Court reverses on multiple damages in Consumer Protection Act case involving deceptive repair work that caused restaurant fire.
Nguyen v. Arbella Insurance Group (Lawyers Weekly No. 11-064-17)
Homeowner's insurance policy business pursuits exclusion barred coverage for claims arising from insured's police department employment.
Rosado v. Commissioner of Correction, et al. (Lawyers Weekly No. 11-062-17)
Inmate's challenge to gang designation dismissed. STG classification is discretionary administrative action not subject to certiorari review. Loss of prison employment opportunities does not violate due process.