Commonwealth v. Dumas (Lawyers Weekly No. 11-054-13)
Affirmed convictions for rape and sexual assault where defendant exploited victim's religious beliefs about ancestral spirits to coerce submission through constructive force.
Appeals Court Opinions
J.M. Hollister, LLC v. Architectural Access Board (Lawyers Weekly No. 11-052-13)
Architectural Access Board properly required all entrances to store be accessible to disabled persons, rejecting retailer's argument that multiple doorways constituted one entrance.
T. Butera Auburn, LLC, et al. v. Williams, et al. (and a companion case) (Lawyers Weekly No. 11-051-13)
Appeals court affirms jury verdicts for breach of contract and consumer protection violations in veterinary practice sale dispute, requiring doubling of all damages.
Commonwealth v. Davis (Lawyers Weekly No. 11-050-13)
Drug trafficking conviction reversed due to harmless-error analysis of unconstitutionally admitted drug certificates, despite circumstantial evidence. Wiretap warrant issues affirmed.
Weber v. Coast to Coast Medical, Inc., et al. (Lawyers Weekly No. 11-049-13)
Unpaid sales commissions constitute "wages" under the Massachusetts Wage Act, triggering mandatory treble damages and attorney's fees.
M.D. v. Department of Developmental Services, et al. (Lawyers Weekly No. 11-047-13)
Transfer of intellectually disabled resident between state institutions upheld where substantial evidence supports finding of improved services and quality of life.
M.A.K. v. Department of Developmental Services, et al. (Lawyers Weekly No. 11-048-13)
DDS violated its own regulations requiring guardian participation in placement decisions by refusing to reschedule a critical meeting and proceeding without the guardian present.
Commonwealth v. Almeida (Lawyers Weekly No. 11-046-13)
Civil commitment of sexually dangerous person upheld where menacing noncontact sexual offenses would reasonably cause victims to fear contact sexual assault.
Commonwealth v. Nee (Lawyers Weekly No. 11-045-13)
Defendant convicted of affray after participating in group assault on police officer in public park. Court affirmed, holding sufficient evidence of coordinated fighting and terror to lawfully present persons.
Korn v. The Paul Revere Life Insurance Company (Lawyers Weekly No. 11-042-13)
Res judicata bars relitigation of claims that were untimely proposed amendments in prior federal litigation, even when filed in subsequent state court action.