Commonwealth v. Hardy (Lawyers Weekly No. 10-043-13)
Murder conviction affirmed. Trial counsel was not ineffective for failing to object to courtroom closures during extraordinary circumstances involving threats and violence.
SJC Opinions
Metropolitan Life Insurance Company v. Cotter (Lawyers Weekly No. 10-044-13)
Own-occupation disability policy requires insured to receive care designed to enable return to prior occupation. Insurer not entitled to reimbursement absent proof of unjust enrichment.
Commonwealth v. Romero (Lawyers Weekly No. 10-045-13)
Vehicle owner's conviction for carrying firearm without license reversed where evidence insufficient to prove intent to control weapon despite knowledge and ability.
Mahajan, et al. v. Department of Environmental Protection, et al. (Lawyers Weekly No. 10-046-13)
Article 97 does not apply to land acquired by urban renewal authority for urban renewal purposes, even if the land incidentally serves conservation goals.
Commonwealth v. Montoya (Lawyers Weekly No. 10-041-13)
Cocaine trafficking conviction vacated where drug certificates were admitted without analyst testimony and error was not harmless, as jurors could not determine precise weight of small bags.
Commonwealth v. Greineder (Lawyers Weekly No. 10-042-13)
DNA expert opinion admissible despite reliance on nontestifying analyst's test results when expert subject to meaningful cross-examination on opinion and underlying data reliability.
Reading Co-Operative Bank v. Suffolk Construction Company, Inc. (Lawyers Weekly No. 10-038-13)
Account debtor liable for full value of misdirected payments under UCC Article 9, not limited to assignee's actual damages.
HipSaver, Inc. v. Kiel (Lawyers Weekly No. 10-039-13)
Commercial disparagement claim against researcher fails where plaintiff cannot prove statements were false, applied to its product, or caused its losses.
E.C.O. v. Compton (Lawyers Weekly No. 10-040-13)
Father sought abuse prevention order against adult in electronic dating relationship with his minor daughter. Court found substantive dating relationship but no statutory abuse.
Morales v. Morales (Lawyers Weekly No. 10-037-13)
Child support order modification governed by inconsistency standard, not material and substantial change standard. Remanded for reconsideration under proper legal test.