Duffy v. Amica Mutual Insurance Co. (Lawyers Weekly No. 11-041-16)
Chiropractor denied PIP benefits after failing to coordinate benefits between auto insurer and patient's health insurer before seeking payment of unpaid balance.
Appeals Court Opinions
Chiaraluce v. Zoning Board of Wareham (and a consolidated case) (Lawyers Weekly No. 11-040-16)
Nonconforming structure destroyed in 1991 and demolished that year; original owners obtained reconstruction permit but never rebuilt; property sold in 1993; new owner waited nine and a half years before seeking building permit. Abandonment as matter of law affirmed.
Commonwealth v. Sylvia (Lawyers Weekly No. 11-039-16)
Defendant's guilty plea was knowingly voluntary despite unequal judicial procedures. Armed career criminal is sentencing enhancement, not separate offense.
Commonwealth v. Drapaniotis (Lawyers Weekly No. 11-038-16)
Conviction for theft of operable firearm reversed where only evidence of operability was uncorroborated decade-old hearsay that salesman said gun worked.
Commonwealth v. Bonilla (Lawyers Weekly No. 11-037-16)
Larceny conviction affirmed where defendant deposited bad checks into new bank accounts and withdrew funds before checks cleared. Uttering conviction reversed; writing a bad check is not uttering a false instrument.
Commonwealth v. Keene (Lawyers Weekly No. 11-036-16)
Radio bulletin describing vehicle occupants as armed and dangerous, issued without reasonable suspicion, violated Fourth Amendment despite responding officers' reasonable reliance.
City of Springfield v. United Public Service Employees Union (Lawyers Weekly No. 11-035-16)
Arbitrator properly reinstated employee terminated for sexual harassment based on progressive discipline principles despite serious misconduct.
Commonwealth v. Sanchez (Lawyers Weekly No. 11-034-16)
Shed in fenced backyard held part of apartment curtilage where defendant rented it, locked it, and possessed keys, so search warrant extended to shed.
Commonwealth v. Lugo (Lawyers Weekly No. 11-033-16)
Sufficient evidence supported conviction for joint venture assault where defendant witnessed knife attack, chased victims with armed friend, and stomped victim while friend stabbed him.
Almeida, et al. v. Arruda, et al. (Lawyers Weekly No. 11-032-16)
Convenience store beer and wine sales constitute protected prior nonconforming use when integrated into existing retail operations without substantial change in character or neighborhood effect.