Commonwealth v. Holmes (Lawyers Weekly No. 11-075-13)
Prisoner entitled to credit for time served on vacated conviction against unrelated later sentence, absent banking concerns or double counting.
Appeals Court Opinions
Moore v. Town of Billerica (Lawyers Weekly No. 11-073-13)
Municipality immune from liability for child injured by baseball at playground; failure to extend protective netting not negligent maintenance under tort claims act.
Adoption of Cecily (Lawyers Weekly No. 11-074-13)
Parental rights terminated where mother witnessed father's abuse of infant but failed to protect her and refused to acknowledge evidence of inflicted injuries.
Fraelick v. PerkettPR, Inc., et al. (Lawyers Weekly No. 11-071-13)
Employee fired days after complaining about unpaid business expense reimbursements states plausible Wage Act retaliation claim where employer condition payment of wages on employee advancing expense monies.
Plainville Asphalt Corp. v. Town of Plainville (Lawyers Weekly No. 11-072-13)
Nonconforming bituminous concrete use lost protection through nonuse exceeding two years; 1983 bylaw amendment permitting such loss applied.
Mahoney v. American Automobile Insurance Company (Lawyers Weekly No. 11-070-13)
Insurer properly denied optional bodily injury coverage for household member's negligent entrustment of rental car to unauthorized driver, as entrustment constituted use without vehicle owner's consent.
Commonwealth v. Shippee (Lawyers Weekly No. 11-067-13)
Affirmed convictions for indecent assault, assault with intent to kill, assault with intent to maim, and assault by dangerous weapon. Rejected challenges to jury instructions, victim character evidence, and claim of duplicative convictions.
Commonwealth v. Vital (Lawyers Weekly No. 11-068-13)
Priest-penitent privilege does not protect communications when defendant sought pastor's help contacting victim's family to settle abuse case, violating restraining order.
Shahin v. I.E.S. Incorporated (Lawyers Weekly No. 11-069-13)
Appeal from summary judgment dismissing contract and tort claims based on one-year contractual limitations period. Court vacates, finding contractual provision unenforceable because it precludes discovery rule.
Askenazy, et al. v. KPMG LLP, et al. (Lawyers Weekly No. 11-066-13)
Investors in Madoff feeder funds sued KPMG for fraud and misrepresentation. Court held investors' claims were direct, not derivative, and therefore not subject to arbitration provisions in unsigned engagement letters.