Welch v. Barach, et al. (Lawyers Weekly No. 11-097-13)
Hedge fund investor's omission claim fails; 1999 landlord-tenant dispute too remote and personal to constitute material fact affecting investment decision under securities act.
Category Appeals Court Opinions
Cannonball Fund, Ltd., et al. v. Dutchess Capital Management, LLC, et al. (Lawyers Weekly No. 11-094-13)
Savings statute applies to voluntary dismissals made because plaintiff reasonably expected court would dismiss for lack of personal jurisdiction.
McLaughlin v. City of Lowell (Lawyers Weekly No. 11-093-13)
Fire captain denied reinstatement after split medical panel decision affirmed; discrimination claims fail because he is not a qualified handicapped person under statutory scheme.
Commonwealth v. Coffman (Lawyers Weekly No. 11-092-13)
Sex offender convicted of failure to register; trial judge properly rejected defendant's uncorroborated protective custody defense as implausible and inconsistent.
Commonwealth v. Sullivan (Lawyers Weekly No. 11-090-13)
Affirmed attempted kidnapping conviction; reversed annoying or accosting conviction due to lack of sexually explicit conduct required by statute.
Central Mutual Insurance Company v. True Plastics, Inc., et al. (Lawyers Weekly No. 11-091-13)
CGL policy "temporary worker" exception applies when insured reasonably expected worker furnished to meet short-term workload condition at time of assignment.
Commonwealth v. Morgan RV Resorts, LLC, et al. (and five companion cases) (Lawyers Weekly No. 11-089-13)
Judge must recuse herself from cases involving former firm despite no actual bias when appearance of impartiality might reasonably be questioned.
Commonwealth v. Letkowski (Lawyers Weekly No. 11-088-13)
Defendant convicted of kidnapping, robbery, and rape challenges seizure of ski mask and knife from car stop, invocation of Miranda rights, and references to his silence at trial.
Harmon Law Offices, P.C. v. Attorney General (Lawyers Weekly No. 11-085-13)
Attorney General's civil investigative demands to foreclosure law firm upheld; firm's claims of attorney-client privilege and litigation privilege rejected as insufficiently related to contemplated litigation.
In the Matter of the Estate of Sharis (Lawyers Weekly No. 11-086-13)
Grandson's will challenged for lack of independent counsel and fiduciary's undue influence; burden shifted to fiduciary beneficiary; affirmed.