Commonwealth v. Lopez (Lawyers Weekly No. 11-079-15)
Unprovoked punch to delivery person's head causing fatal skull fracture constituted involuntary manslaughter by wanton and reckless conduct; felony-murder submission did not prejudice conviction.
Appeals Court Opinions
Lind, et al. v. Domino’s Pizza LLC, et al. (Lawyers Weekly No. 11-080-15)
Franchisor not vicariously liable for franchisee's negligence where franchisor set baseline standards but franchisee retained exclusive control over delivery operations and safety decisions.
Cantell, et al. v. Commissioner of Correction, et al. (Lawyers Weekly No. 11-078-15)
Inmates in special management units sought protections afforded to those in departmental segregation units. Appeals Court dismissed as moot after Supreme Judicial Court's LaChance decision mandated regulatory process.
Commonwealth v. Lima (Lawyer Weekly No. 11-077-15)
Insurance agent convicted of fraud in commercial vehicle policy applications containing false statements about drivers and business addresses.
Neuwirth, et al. v. Neuwirth (Lawyers Weekly No. 11-076-15)
Attorney's lien enforcement must occur in Superior Court after judgment entry, not through post-judgment motion in Probate Court.
Groton-Dunstable Regional School Committee v. Groton-Dunstable Educators Association (Lawyers Weekly No. 11-075-15)
Statutory arbitration process for teacher terminations is exclusive remedy; collective bargaining agreement arbitration procedures cannot bypass statute.
Beliveau v. Ware (Lawyers Weekly No. 11-074-15)
Partnership dissolution agreement entitles member to equipment ownership; defendant's refusal to sell and exclusive use constitutes conversion.
Ramos, et al. v. International Fidelity Insurance Company (Lawyers Weekly No. 11-073-15)
Agent misappropriated bail collateral and insurance premiums. Principal remained liable for agent's acts within actual authority despite agent acting for personal gain. Consumer Protection Act violation based on illegal premium overcharges.
Commonwealth v. Komnenus (Lawyers Weekly No. 11-071-15)
Warrantless apartment entry unlawful but evidence admissible where defendant spontaneously disclosed cocaine without police exploitation of the illegality.
F.A.P. v. J.E.S. (Lawyers Weekly No. 11-072-15)
Harassment prevention order challenged. Judge misapplied law by requiring proof of fear rather than proof of alleged sex crime. Remanded.