Commonwealth v. Fantauzzi (Lawyers Weekly No. 11-030-17)
Defendant entitled to self-defense instruction on felony-murder charge when underlying felony was not inherently dangerous and evidence supported that defendant was not aggressor.
Category Appeals Court Opinions
Commonwealth v. Kang (Lawyers Weekly No. 11-028-17)
Defendant charged with unlicensed firearm possession claimed antique exemption based solely on website labeling. Court affirmed exclusion of his belief testimony and denial of jury instruction.
Copley Place Associates, LLC v. Téllez-Bortoni (Lawyers Weekly No. 11-029-17)
Fraud claim against restaurant lease operator vacated. Landlord failed to prove detrimental reliance on false representations of officer status.
Patriot Power, LLC v. New Rounder, LLC, et al. (Lawyers Weekly No. 11-027-17)
Party seeking to terminate lease bears burden of proving it properly exercised termination option when lease automatically renews unless timely notice given.
Patriot Power, LLC v. New Rounder, LLC, et al. (Lawyers Weekly No. 11-027-17)
Tenant must prove it satisfied lease termination requirement when contract automatically renews unless party takes affirmative steps to end it.
Commonwealth v. Abdul-Alim (Lawyers Weekly No. 11-026-17)
Defendant's wife provided reliable tip about his firearm possession. Police had probable cause to arrest defendant based on wife's information and corroborating details. Search lawful under probable cause.
Brady, et al. v. Citizens Union Savings Bank, et al. (Lawyers Weekly No. 11-025-17)
Court affirms fee award to trustees defending litigation brought by beneficiary, rejecting arguments that fees were unreasonable or excessive relative to trust assets.
AM Properties, LLC v. J&W Summit Ave, LLC (Lawyers Weekly No. 11-024-17)
Court affirms adverse possession claim where tenant's six-year use could be tacked to owner's subsequent fourteen-year possession, totaling twenty years of actual, open, exclusive, nonpermissive use.
Ramirez v. Commerce Insurance Company (Lawyers Weekly No. 11-022-17)
Third-party claimant cannot recover sales tax damages on total loss automobile without proving he purchased a replacement vehicle and paid tax.
Ramirez v. Commerce Insurance Company (Lawyers Weekly No. 11-022-17)
Insurer properly denied sales tax reimbursement where claimant retained totaled vehicle and purchased no replacement, requiring proof of actual tax incurred.