Passatempo, et al. v. McMenimen, et al. (Lawyers Weekly No. 11-160-14)
Affirmed judgment finding insurance company vicariously liable for broker's fraud under Consumer Protection Act; statute of limitations tolling and attorney's fees upheld.
Appeals Court Opinions
Commonwealth v. Foster F., a juvenile (Lawyers Weekly No. 11-159-14)
Reversed adjudication of juvenile indecent assault and battery due to improper admission of unauthenticated Facebook messages and entire SAIN interview transcript containing inadmissible character evidence.
Commonwealth v. Velez (Lawyers Weekly No. 11-158-14)
Defendant entitled to credit for pretrial detention on failure to register charge held on that bail, but not for earlier detention on unrelated assault and larceny charges.
Commonwealth v. Chamberlin (Lawyers Weekly No. 11-157-14)
Court affirmed convictions where phone records were voluntarily disclosed, no-knock warrant properly executed, plain view seizure satisfied inadvertence requirement, and voice identifications were reliable.
Karaa, et al. v. Yim, et al. (Lawyers Weekly No. 11-156-14)
Landlords violated security deposit law by commingling funds but returned the deposit before litigation. Treble damages did not apply where tenants offered deposit as compensation for their own breach.
Commonwealth v. Maingrette (Lawyers Weekly No. 11-155-14)
Arrest on invalid warrant suppressed where officers failed to check warrant management system immediately before arrest, despite ample time, opportunity, and department policy requiring verification.
Commonwealth v. Gopaul (Lawyers Weekly No. 11-154-14)
Drug-free zone statute applies only to public playgrounds, not privately owned playgrounds accessible to the public.
Washington v. Cranmer (Lawyers Weekly No. 11-153-14)
Emergency medicine physician discharged high-risk stroke patient in hypertensive crisis before obtaining critical imaging and after patient's symptoms recurred; reversal of tribunal dismissal.
Byron V. Hartunian, M.D., P.C. v. Pilgrim Insurance Company (Lawyers Weekly No. 11-152-14)
Insurer violated consumer protection law by delaying orthopedic bill payment, using wrong-specialty reviewer, and failing to give required notice.
Commonwealth v. Ford (Lawyers Weekly No. 11-151-14)
Appeals Court reverses dangerous weapon conviction where evidence showed defendant was arrested for robbery, not on warrant, and knife was discovered after arrest.