Mount Vernon Fire Insurance Company v. Visionaid, Inc. (Lawyers Weekly No. 10-108-17)
Employment practices liability insurer's duty to defend does not include obligation to prosecute affirmative counterclaims on behalf of insured.
SJC Opinions
Commonwealth v. George (Lawyers Weekly No. 10-107-17)
Affirmed civil commitment of sexually dangerous person where ASPD diagnosis, combined with institutional history of sexual misconduct and criminal record, supports finding of likely reoffense if unconfined.
Commonwealth v. Jones (Lawyers Weekly No. 10-106-17)
Murder conviction vacated due to trial judge's failure to require race-neutral explanation for prosecutor's peremptory challenge of African-American juror, despite prima facie showing of discrimination.
AIDS Support Group of Cape Cod, Inc. v. Town of Barnstable, et al. (Lawyers Weekly No. 10-104-17)
Private needle distribution program does not violate statutes regulating needle sales or authorizing state-approved exchange programs.
People for the Ethical Treatment of Animals, Inc. v. Department of Agricultural Resources, et al. (Lawyers Weekly No. 10-105-17)
SJC vacates judgment protecting animal health certificate information from public disclosure; narrows public safety exemption; rejects heightened deference to records custodian.
Langan v. Board of Registration in Medicine (Lawyers Weekly No. 10-103-17)
Physician's license suspension affirmed where he failed to submit required monitoring plans and abstinence documentation demanded by reinstatement conditions.
Guardianship of Yosselin Guadalupe Penate; Department of Revenue v. Lopez, et al. (Lawyers Weekly No. 10-102-17)
State probate judges must make special findings for undocumented immigrant children seeking federal SIJ status without assessing application merits or motivation.
Edwards v. Commonwealth, et al. (Lawyers Weekly No. 10-101-17)
Governor Patrick's defamation immunity for media statements about removing an official turned on whether she pleaded actual malice, not whether governors have absolute privilege.
Commonwealth v. Cordero (Lawyers Weekly No. 10-097-17)
Traffic stop unlawfully extended beyond time needed to investigate traffic violations when officer lacked reasonable suspicion of criminal drug activity.
Rockland Trust Company v. Langone (Lawyers Weekly No. 10-098-17)
District Court may proceed with compulsory counterclaim exceeding $25,000; statute's $25,000 cap applies only to plaintiff's claims, not counterclaims.