Goodwin v. Lee Public Schools, et al. (Lawyers Weekly No. 10-133-16)
Student suspended based on alleged felony charge that was never issued may pursue tort damages without exhausting administrative remedies under felony-charge suspension statute.
SJC Opinions
Commonwealth v. Mayotte (Lawyers Weekly No. 10-131-16)
Defendant convicted of sexual abuse of adopted son may offer first complaint evidence under neutral doctrine. Reckless endangerment conviction vacated.
Commonwealth v. Hernandez (Lawyers Weekly No. 10-132-16)
Search warrant may issue for cellular phone held by defense counsel once it no longer serves legal advice purposes and data can be downloaded in hours.
MacLaurin, et al. v. City of Holyoke, et al. (Lawyers Weekly No. 10-130-16)
Fire chief's sprinkler orders for renovated apartment buildings vacated and remanded. Substantial rehabilitation standard requires building rendered equivalent of new construction, not merely major alteration.
Commonwealth v. Miller (Lawyers Weekly No. 10-129-16)
Murder conviction affirmed where defendant lacked standing to challenge basement search and new trial denied despite juror concerns about extraneous materials.
ENGIE Gas & LNG LLC v. Department of Public Utilities (and another case) (Lawyers Weekly No. 10-128-16)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of…
Commonwealth v. Valdez (Lawyers Weekly No. 10-127-16)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of…
Commonwealth v. Neary-French (Lawyers Weekly No. 10-126-16)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of…
Suffolk Construction Company, Inc. v. Benchmark Mechanical Systems, Inc., et al. (Lawyers Weekly No. 10-125-16)
Construction company seeks recovery of surplus after paying debt owed by subcontractor. Statute of limitations bars common-law claims but equitable claims for subrogation and unjust enrichment remain viable.
Commonwealth v. Brangan (Lawyers Weekly No. 10-124-16)
Mistrial order granted after jury verdict remains unappeallable when motion was brought before verdict; judge's deferral of ruling served judicial efficiency and fairness.