Burke v. Board of Appeal on Motor Vehicle Liability Policies and Bonds, et al. (Lawyers Weekly No. 11-121-16)
Lifetime driver's license revocation upheld for person with prior OUI conviction whose second drunk driving offense caused a fatality.
Category Appeals Court Opinions
Commonwealth v. Leonard (and a companion case) (Lawyers Weekly No. 11-120-16)
Appeals court reverses dismissal of assault and battery and child endangerment charges where nurse administered unknown medication via syringe to intoxicated teenager.
Commonwealth v. Buckley (Lawyers Weekly No. 11-119-16)
Defendant who stole vehicle may be ordered to pay restitution for victim's losses even when police negligence delayed recovery; intervening ordinary negligence does not break causal chain from intentional crime.
Commonwealth v. Wilson (Lawyers Weekly No. 11-118-16)
Operating with suspended license conviction affirmed where defendant admitted nineteen days earlier to operating after suspension and had no license at traffic stop.
Commonwealth v. Alvarez (Lawyers Weekly No. 11-117-16)
Defendant falsely claimed residency to obtain subsidized housing for his niece. Appeals Court affirmed larceny conviction, finding he obtained valuable lease through false pretenses.
U.S. Bank National Association v. Bolling (Lawyers Weekly No. 11-116-16)
Defendant lacks standing to challenge mortgage assignment for procedural noncompliance with pooling and servicing agreement. Massachusetts law governs.
Aggregate Industries – Northeast Region, Inc. v. Hugo Key and Sons, Inc., et al. (Lawyers Weekly No. 11-114-16)
Subcontractor entitled to attorney's fees under public works bond statute on quantum meruit claim for grading services, despite general contractor's settlement offer. Chapter 93A counterclaim dismissed.
Commonwealth v. Chambers (Lawyers Weekly No. 11-115-16)
Affirmed. Error in denying motion for required finding on felony charge (no property value evidence) rendered harmless by jury's conviction on lesser included misdemeanor offense. Malice element requires hostility or revenge, not necessarily toward property owner.
Nelson v. Conservation Commission of Wayland (Lawyers Weekly No. 11-113-16)
Town conservation commission's finding of wetlands on property affirmed despite owner's objections about water frequency and soil characteristics.
OneBeacon America Insurance Company v. Narragansett Electric Company v. American Home Assurance Company, et al. (Lawyers Weekly No. 11-112-16)
Choice of law for insurance contracts covering environmental contamination: Massachusetts law applies despite Rhode Island location and operations.