Commerce Insurance Co., Inc. v. Gentile, et al. (Lawyers Weekly No. 11-025-14)
Insurer successfully voided optional bodily injury coverage when insured violated operator exclusion agreement by allowing excluded driver to operate vehicle.
Category Appeals Court Opinions
Pehoviak, et al. v. Deutsche Bank National Trust Company (Lawyers Weekly No. 11-024-14)
Deutsche Bank breached its duty of good faith and reasonable diligence by refusing to provide a foreclosure buyer with evidence of required notice to junior lienholders, causing Commerce Bank's junior mortgage to go unsatisfied.
Commonwealth v. Torres (Lawyers Weekly No. 11-021-14)
Police discovered a firearm during a valid inventory search of a towed vehicle. Affirmed convictions despite police failure to complete required inventory documentation form.
Wassenar v. Department of Environmental Protection (Lawyers Weekly No. 11-022-14)
Affirmed dismissal of judicial review challenge to DEP penalty where appellant failed to post required escrow or demonstrate inability to pay or substantial question of law.
Genovesi v. Nelson, et al. (Lawyers Weekly No. 11-023-14)
Financial advisor misrepresented collateralized debt obligation as low-risk Treasury-like investment, actually placing entire investment in speculative preference shares. Statute of limitations tolling upheld.
Commonwealth v. Negron (Lawyers Weekly No. 11-020-14)
Defendant charged with distributing controlled substances lacks standing to challenge warrantless search of alleged buyer where possession is not an essential element of distribution.
Commonwealth v. Boodoosingh (Lawyers Weekly No. 11-018-14)
Conviction of assault by attempted battery affirmed where defendant rushed toward victim with raised bat and came within feet of striking before being pushed away.
Commonwealth v. Caruso (Lawyers Weekly No. 11-019-14)
CAD analysis claiming to prove defendant's innocence was not newly discovered evidence; photogrammetry available at trial achieved same end. Analysis failed to cast real doubt on conviction.
Filepp v. Boston Gas Company, Inc. (Lawyers Weekly No. 11-017-14)
Plaintiff injured falling on street defect allegedly caused by utility company failed to notify company within thirty-day statutory deadline.
Commonwealth v. Bynoe (Lawyers Weekly No. 11-016-14)
When probation condition requires treatment program completion without specifying a deadline, probationer must comply within reasonably prompt period as established by probation officer.