Commonwealth v. Beltrandi (Lawyers Weekly No. 11-027-16)
Conviction reversed where prosecutor improperly urged adverse inference from missing witness without required jury instruction, despite sufficient circumstantial evidence of operation.
Appeals Court Opinions
N-Tek Construction Services, Inc. v. Hartford Fire Insurance Company (Lawyers Weekly No. 11-028-16)
Sub-subcontractor's email notice of unpaid work does not satisfy statutory notice requirement for payment bond claims when it fails to express intent to claim against the general contractor's bond.
New England Precision Grinding,l Inc. v. Simply Surgical, LLC, et al. (Lawyers Weekly No. 11-026-16)
Medical device supplier cannot revoke acceptance of goods after customer rejects them; contract terms control payment obligations.
Commonwealth v. Royal (Lawyers Weekly No. 11-025-16)
Conviction reversed where state trooper's hearsay testimony about registry database check was sole evidence of license suspension, an essential element of the crime.
Evans v. Mayer Tree Service, Inc., et al. (Lawyers Weekly No. 11-024-16)
Vacated and remanded. Tree-destruction case where government field inspector mistakenly authorized removal without property owner's written permission required jury determination of whether agency policies limited statutory authority.
Williamson-Green v. Equipment 4 Rent, Inc. (Lawyers Weekly No. 11-023-16)
Affirmed punitive damages award against boom lift rental company for gross negligence resulting in death from unsafe equipment.
Sewall-Marshal Condominium Association v. 131 Sewall Avenue Condominium Association (Lawyers Weekly No. 11-022-16)
Parking agreement between neighboring condominiums enforced as valid contract despite condominium statute claims and unconscionability defense.
Commonwealth v. Dragotta (and one companion case) (Lawyers Weekly No. 11-021-16)
Mother and boyfriend convicted of inflicting multiple fractures on five-week-old infant. Sufficiency of evidence and expert testimony issues affirmed on appeal.
Blanchard, et al. v. Steward Carney Hospital, Inc., et al. (Lawyers Weekly No. 11-020-16)
Statements to newspaper constituted protected petitioning activity under anti-SLAPP statute where made in response to union's media statements and designed to influence ongoing regulatory licensing investigation. Internal email to hospital staff did not qualify.
Clark, et al. v. Leisure Woods Estates, Inc. (Lawyers Weekly No. 11-019-16)
Manufactured housing residents recovered damages for breach of covenant of quiet enjoyment and violations of Consumer Protection Act regulations governing road maintenance and home site conditions.