Upton’s Case (Lawyers Weekly No. 11-127-13)
Investigatory interview about earnings discrepancies constitutes personnel action barring workers' compensation for resulting emotional disability.
Appeals Court Opinions
Commonwealth v. Liebenbow (Lawyers Weekly No. 11-126-13)
Defendant convicted of larceny for stealing metal from construction site. Whether honest but objectively unreasonable belief property was abandoned can negate specific intent to steal.
Commonwealth v. Halstrom (and seven companion cases) (Lawyers Weekly No. 11-125-13)
Affirmed convictions for inducing minors to prostitution and deriving support from prostitution. Evidence sufficient; jury instructions proper.
Alford, et al. v. Boston Zoning Commission, et al. (Lawyers Weekly No. 11-124-13)
IMP approval process is legislative, not quasi-judicial, so Article 29 protections do not apply. Affirmed.
Commonwealth v. Salyer (Lawyers Weekly No. 11-123-13)
Affirmed false report conviction; reversed and remanded criminal harassment conviction due to ineffective assistance of counsel for failing to object to privileged marital communications and insufficiently authenticated evidence.
J.W. v. Department of Developmental Services, et al. (Lawyers Weekly No. 11-121-13)
Transfer statute requires administrative hearing to compare proposed placement with current residence, not to consider multiple alternatives beyond DDS's single proposal.
Williams, et al. v. Charles, et al. (Lawyers Weekly No. 11-122-13)
LLC members lack standing to sue derivatively without recorded agreed value for noncash contributions, and family relationship alone does not establish adverse interest.
Waxman v. Waxman, et al. (Lawyers Weekly No. 11-119-13)
Wife seeks ownership of jointly held assets and husband's retirement account after his death during divorce proceedings; court awards condominium proceeds and auto but denies retirement account claim.
Commonwealth v. Viust (Lawyers Weekly No. 11-120-13)
Witness ordered to testify at murder trial after immunity granted, refused, and was held in summary contempt. Affirmed despite claims of anticipatory contempt.
Fraco Products, Ltd., et al. v. Bostonian Masonry Corporation (Lawyers Weekly No. 11-118-13)
Third-party manufacturer's indemnification claims against employer of injured employee barred by workers' compensation exclusivity and lack of derivative liability.