Chiulli v. Liberty Mutual Insurance, Inc., et al. (Lawyers Weekly No. 11-032-15)
Appeals court affirms denial of anti-SLAPP motion by insurer sued for failing to offer reasonable settlement when liability became clear.
Appeals Court Opinions
Doe v. Sex Offender Registry Board (Lawyers Weekly No. 11-030-15)
Affirmed level three sex offender classification where offender targeted minor online, misrepresented age, and traveled to meet her despite no prior record.
Commonwealth v. Almele (Lawyers Weekly No. 11-031-15)
Drug distribution conviction upheld where defendant emerged from house to sell prescription pills to undercover officer during controlled buy arranged by his nephew.
Commonwealth v. Cuevas (Lawyers Weekly No. 11-029-15)
Affirmed commitment of defendant as sexually dangerous person. Prior New York conviction properly authenticated through certified documents; presumption of regularity applied. Peremptory challenge issue not reached.
Commonwealth v. Cuevas (Lawyers Weekly No. 11-028-15)
Appeals Court affirmed civil commitment as sexually dangerous person. Prior out-of-state conviction properly admitted; presumption of regularity applied. Peremptory challenge allocation not reversible error.
Commonwealth v. DeJesus (Lawyers Weekly No. 11-027-15)
Best evidence rule does not require original currency when identity, not contents, is at issue in drug distribution prosecution.
Commonwealth v. Butler (Lawyers Weekly No. 11-025-15)
Appeals Court vacates sua sponte dismissal of drug charges where prosecutor failed to produce untested drug analysis certificate due to lab backlog.
Ventrice v. Ventrice (Lawyers Weekly No. 11-026-15)
Mandatory mediation before filing court action violates right of free access to courts. Custody award vacated where judge failed to weigh guardian ad litem recommendation and substantial evidence.
Souza, petitioner (Lawyers Weekly No. 11-024-15)
Commonwealth provided sufficient evidence of sexual dangerousness for jury consideration; trial judge erred in directing verdict and in limiting jury's reliance on expert testimony.
Murray v. Super (Lawyers Weekly No. 11-022-15)
Relocation denial affirmed; child support modification vacated and remanded. Custodial parent's personal advantage does not override children's best interests in removal cases.