Commonwealth v. Delnegro (Lawyers Weekly No. 11-042-17)
Attorney disqualified from representing client in two criminal cases due to status as necessary witness and irreconcilable conflict of interest.
Appeals Court Opinions
Jane J. v. Commonwealth (Lawyers Weekly No. 11-041-17)
Woman raped in psychiatric hospital by another committed patient sues Commonwealth. Court affirms immunity, holding hospital's coed recreation room access was failure to prevent rather than affirmative act originally causing harm.
Commonwealth v. Johnson (Lawyers Weekly No. 11-040-17)
Defendant released on GPS monitoring in domestic violence case; historical location data later searched to connect defendant to unrelated burglary; no reasonable privacy expectation.
Commonwealth v. Brown (Lawyers weekly No. 11-039-17)
Defendant convicted of unlawfully possessing a loaded firearm requires proof defendant knew the gun was loaded.
CMJ Management Company v. Wilkerson (Lawyers Weekly No. 11-038-17)
Juvenile's BB gun discharge constituted criminal activity justifying lease termination under Section 8 housing program, but tenant's jury demand was improperly struck without considering lesser sanctions.
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.
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.