Commonwealth v. Degnan (Lawyers Weekly No. 11-037-17)
Chief of staff's threats to void waste contract unless company donated truck constituted bribery; gratuity conviction vacated as duplicative.
Appeals Court Opinions
Liberty Mutual Fire Insurance Company v. Casey, et al. (Lawyers Weekly No. 11-034-17)
Insurance exclusion for bodily injury expected or intended by insured applied where teenager punched and kicked victim multiple times, acts inherently certain to cause harm, and insured admitted he intended those acts.
Central Ceilings, Inc. v. Suffolk Construction Company, Inc., et al. (Lawyers Weekly No. 11-036-17)
Subcontractor's damages for productivity losses caused by general contractor's project mismanagement and breach of coordination obligations not barred by no-damages-for-delay clause where contractor precluded all time extensions.
Quarterman v. City of Springfield, et al. (Lawyers Weekly No. 11-035-17)
Retaliation claim against city upheld after mayor opposed liquor license application following employee's discrimination complaint. Lost profits damages eliminated.
Leon v. Cormier (Lawyers Weekly No. 11-032-17)
Parent coordinator's binding decision enforceable as court order when parties consent in advance; contempt proper for repeated violations of coordinator's directives regarding custody exchanges and email communications.
Commonwealth v. Charley (Lawyers Weekly No. 11-033-17)
Probable cause supported defendant's arrest when he spontaneously mentioned a shooting that officers had not disclosed, demonstrating guilty knowledge.
Massasoit Industrial Corporation v. Massachusetts Commission Against Discrimination, et al. (Lawyers Weekly No. 11-031-17)
Employer unlawfully terminated seventy-four-year-old employee based on age and perceived disability following hospitalizations for pneumonia and heart attack, despite notification of absences.
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.
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.