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.
Appeals Court Opinions
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.
Abrahamson v. Estate of LeBold (Lawyers Weekly No. 11-031-16)
One-year filing deadline for claims against estates under Massachusetts Uniform Probate Code applies; general savings statute permitting refiling after dismissal does not override shorter probate limitations period.
Kilnapp Enterprises, Inc. v. Massachusetts State Automobile Dealers Association, et al. (Lawyers Weekly No. 11-030-16)
Defamation claim by detailing broker against trade association and attorney for published warnings to members about DOL investigation dismissed as conditionally privileged and substantially true.
Commonwealth v. Henderson (No. 1) (Lawyers Weekly No. 11-029-16)
Leaving-the-scene convictions duplicative where multi-vehicle collision occurred in single stream of conduct at one scene; knowledge standard affirmed; one personal injury and two property damage convictions vacated.
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.
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.