Commonwealth v. Baker (Lawyers Weekly No. 11-052-17)
Sobriety checkpoint constitutional despite minor operational plan deviations where none introduced discretion into vehicle stops.
Appeals Court Opinions
Cape Cod Collaborative v. Director of the Department of Unemployment Assistance, et al. (Lawyers Weekly No. 11-051-17)
School bus driver entitled to partial unemployment benefits for days off during Thanksgiving recess when the week did not commence during the holiday period.
Commonwealth v. Baker (Lawyers Weekly No. 11-052-17)
Deviations from sobriety checkpoint operational plan do not render roadblock unconstitutional if they introduce no arbitrariness into vehicle screening.
Adoption of Bianca (Lawyers Weekly No. 11-050-17)
Termination of parental rights affirmed where mother's substance abuse and father's domestic violence endangered child; adoption plan chosen over guardianship for stability.
Skye v. Hession (Lawyers Weekly No. 11-049-17)
Quitclaim deed reserving life estate and special power of appointment valid where remainder interests conveyed were defeasible and limited by the reserved power from inception.
The Hanover Insurance Group, Inc. v. Raw Seafoods, Inc. (Lawyers Weekly No. 11-048-17)
Scallop damage caused by unknown failure during processing constitutes an "occurrence" under liability policy when negligence was established and damage was unforeseeable.
Commonwealth v. Gallagher (Lawyers Weekly No. 11-046-17)
Trooper's opinion that defendant was impaired to operate a motor vehicle violated Canty but harmless error; overwhelming evidence of impairment supported conviction.
Caira v. Zurich American Insurance Co. (Lawyers Weekly No. 11-045-17)
Insurer properly conditioned payment of policy limit on claimant's release of insureds, despite available excess insurance, under Lazaris precedent governing fair settlement practices.
Aiello v. Planning Board of Braintree, et al. (Lawyers Weekly No. 11-044-17)
Residential abutter has standing to appeal planning board decision removing conditions from special permit allowing contractor operations adjacent to his property within the required buffer zone.
Commonwealth v. Hamel (Lawyers Weekly No. 11-043-17)
Medical records showing child's dermatitis inadmissible without expert testimony on causation; prosecutor's improper credibility argument warranted new trial.