Merrimack College v. KPMG LLP (Lawyers Weekly No. 11-002-16)
Arbitration clause in 2005 engagement letter does not apply retroactively to malpractice claims arising from services provided under prior separate annual contracts.
Appeals Court Opinions
Downey, et al. v. Chutehall Construction Co. (Lawyers Weekly No. 11-001-16)
Homeowners sued a roofing contractor for installing a roof over three existing layers, violating the building code limit of two layers, despite claiming homeowner instructions.
Commonwealth v. Nsubuga (Lawyers Weekly No. 11-194-15)
Defendant's admission to sufficient facts predated the effective date of 2004 amendment to immigration warning statute. Prior warning complied with law then in effect.
Commonwealth v. Dorisca (Lawyers Weekly No. 11-193-15)
Medical examiner's deposition improperly admitted without adequate finding of unavailability under Housewright; harmless error where testimony cumulative and not essential to guilt determination.
Commonwealth v. Hyde (and seven companion cases) (Lawyers Weekly No. 11-192-15)
Affirmed convictions for motor vehicle insurance fraud based on circumstantial evidence of knowledge regarding staged accidents, including number of participants, absence of emergency responders, and attorney's avoidance of direct client contact.
Commonwealth v. Armstrong (Lawyers Weekly No. 11-191-15)
Armed home invasion guilty plea upheld where defendant remained in empty dwelling after resident's return and confronted him with loaded pistol.
Commonwealth v. Costa (Lawyers Weekly No. 11-190-15)
Conviction for operating under the influence affirmed. Breathalyzer test results properly admitted where periodic testing and field testing used different cylinders. Judge did not abuse discretion reopening evidence after defendant's vague objection.
Jaynes, petitioner (Lawyers Weekly No. 11-189-15)
Prisoner's petition for name change based on Wiccan religious beliefs denied as inconsistent with public interests given serious convictions, criminal history, and parole eligibility.
South Boston Elderly Residences, Inc. v. Moynahan (Lawyers Weekly No. 11-188-15)
Summary process appeal dismissed for late transcript filing, but reversed where rules permit cure. Tenant's compliance deemed timely under mandatory appellate rule provision.
Saia v. Bay State Gas Company (Lawyers Weekly No. 11-187-15)
Water heater lease with purchase option not a disguised credit sale; substantial buyout price means option was not for nominal consideration.