Niedner v. Ortho-McNeil Pharmaceutical, Inc., et al. (Lawyers Weekly No. 11-131-16)
Manufacturer of hormonal birth control patch adequately warned of increased blood clot risk through multiple, plain-language disclosures in product insert.
Category Appeals Court Opinions
Commonwealth v. Pearson (Lawyers Weekly No. 11-130-16)
Search warrant upheld as independent source despite preceding unlawful arrest. Homeowner statements sufficiently attenuated from initial illegality.
Commonwealth v. Waller (Lawyers Weekly No. 11-129-16)
Conviction for starving a dog affirmed; probation condition prohibiting animal ownership upheld; random warrantless home inspection condition vacated and remanded.
Commonwealth v. Wood (Lawyers Weekly No. 11-128-16)
Defendant convicted of assault with dangerous weapon challenging admission of PowerPoint compilation of prior evidence and jury instruction on absence of justification. Affirmed.
Commonwealth v. Coutu (Lawyers Weekly No. 11-127-16)
Defendant convicted of attempted arson under statute defining attempt to burn property as placing flammable materials with intent eventually to set fire, regardless of success.
Commonwealth v. Smith (Lawyers Weekly No. 11-126-16)
Defendant entitled to evidentiary hearing on Brady claims, recorded attorney-client calls, and witness credibility issues despite years-long delay in raising new trial motion.
Commonwealth v. Iacoviello (and three companion cases) (Lawyers Weekly No. 11-125-16)
Convictions vacated where trial judge erred in refusing to instruct jury on self-defense, voluntary manslaughter, and involuntary manslaughter in fatal shooting case.
Trychon v. Massachusetts Bay Transportation Authority (Lawyers Weekly No. 11-124-16)
Employee stated plausible whistleblower retaliation claim under G.L. c. 149, § 185 by alleging disclosures of contract fraud and unsafe track conditions and subsequent retaliatory termination.
Albright v. Boston Scientific Corporation (Lawyers Weekly No. 11-123-16)
Massachusetts Appeals Court vacates judgment for medical device manufacturer where trial court improperly excluded evidence of supplier's caution regarding permanent polypropylene implants and FDA postmarket surveillance letters.
Callahan v. Board of Appeal on Motor Vehicle Liability Policies and Bonds (Lawyers Weekly No. 11-122-16)
Prior New York DWAI conviction qualifies as predicate OUI offense for lifetime license revocation despite being classified as traffic infraction rather than crime.