Dear v. Devaney, et al. (Lawyers Weekly No. 11-026-13)
Police officers' investigatory reports receive qualified privilege, not absolute immunity, in defamation suits when statements lack adequate verification.
Appeals Court Opinions
Graziano, et al. v. Riley, et al. (Lawyers Weekly No. 11-025-13)
Neighbors' berm blocking drainage easement built in 1966 under the "common enemy" rule, before Massachusetts adopted the "reasonable use" standard in 1978; nuisance judgment reversed.
Commonwealth v. Mgaresh (Lawyers Weekly No. 11-023-13)
Defendant convicted of cocaine distribution in school zone. Court affirmed, holding evidence sufficient under constructive possession or joint venture theory despite missing jury instruction.
Commonwealth v. Walker (Lawyers Weekly No. 11-024-13)
Sexually dangerous person commitment affirmed where exhibitionist with history of contact offenses posed menace to health and safety.
Commonwealth v. Rodriguez (Lawyers Weekly No. 11-022-13)
Aggravated kidnapping conviction vacated where jury instructions omitted the required element that defendant was armed with dangerous weapon.
Commonwealth v. Figueroa (Lawyers Weekly No. 11-021-13)
Grandmother convicted of reckless endangerment of child for preventing immediate medical care after infant suffered serious head trauma.
Chambers, et al. v. Gold Medal Bakery, Inc., et al. (Lawyers Weekly No. 11-020-13)
Family business stock purchase agreement with arbitration clause not superseded by later settlement agreement addressing corporate-record access; arbitration premature pending resolution of underlying dispute.
Weiler v. PortfolioScope, Inc., et al. (Lawyers Weekly No. 11-019-13)
Appeals court reversed judgment favoring software developer against PortfolioScope and its controlling shareholder over disputed entitlement to litigation settlement proceeds, holding secured creditor's prior interest took priority.
Commonwealth v. Housen (Lawyers Weekly No. 11-013-13)
Affirmed convictions for armed assault with intent to murder and multiple violations of abuse prevention order. Separate violation counts are not duplicative when defendant contacted different protected individuals.
Commonwealth v. DiGiambattista (Lawyers Weekly No. 11-014-13)
Appeal of conviction for indecent assault. Defendant's statements to police were voluntary despite detective's emotional appeals and minimization tactics, as long as no false factual claims were made.