Bolduc’s Case (Lawyers Weekly No. 11-143-13)
Successive insurer rule requires insurer on risk at time of new injury to pay benefits; voluntary payment by prior insurer does not waive coverage defenses or create liability agreement.
Appeals Court Opinions
Beatty’s Case (Lawyers Weekly No. 11-140-13)
Two-year limitations period for COLA reimbursement claims upheld as rationally related to pay-as-you-go funding system and annual budgeting process.
Commonwealth v. Joyce (Lawyers Weekly No. 11-141-13)
Conviction affirmed where defendant refused to leave burning home despite firefighter's orders and physically resisted removal, interfering with fire suppression.
Diamond Group, Inc. v. Selective Distribution International, Inc. (Lawyers Weekly No. 11-139-13)
Nonresident purchaser subject to Massachusetts jurisdiction based on repeated large-volume orders placed electronically with Massachusetts supplier over twenty-one months, despite lack of physical presence in state.
Doe, Sex Offender Registry Board No. 29481 v. Sex Offender Registry Board (Lawyers Weekly No. 11-138-13)
Sex offender classification hearing examiner's Facebook posts suggesting bias toward sex offenders required vacatur and new hearing to ensure due process.
Associated Industries of Massachusetts Mutual Insurance Company v. Hough (Lawyers Weekly No. 11-137-13)
Employee successfully defended recoupment action in Superior Court but denied attorney's fees because statute authorizes fees only for administrative proceedings.
Commonwealth v. Berrios (Lawyers Weekly No. 11-136-13)
Admission to sufficient facts waives challenge to defects in complaint. CPSL can be imposed following a continuance without a finding when statute explicitly references that disposition.
Commonwealth v. Quint Q., a juvenile (Lawyers Weekly No. 11-135-13)
Juvenile's mother present during police interrogation satisfied the interested adult requirement and did not coerce confession. Trial judge erred ruling on unraised grounds.
Vintimilla v. National Lumber Company (Lawyers Weekly No. 11-134-13)
Appeals Court affirmed summary judgment for equipment lessor in negligent entrustment case arising from unlicensed operator's use of leased forklift.
Commonwealth v. Gorman (Lawyers Weekly No. 11-133-13)
Conviction reversed where jury instructions on joint venture liability failed to require proof that defendant knew accomplice was armed, despite that knowledge being an essential element.