Esler v. Sylvia-Reardon, et al. (Lawyers Weekly No. 10-032-16)
Nurse terminated for FMLA retaliation. Court reversed judgment n.o.v., finding evidence supported jury verdict. Front pay remains judicial function.
SJC Opinions
Katz, Nannis & Solomon, P.C., et al. v. Levine, et al. (Lawyers Weekly No. 10-033-16)
Parties cannot contractually expand the scope of judicial review of arbitration awards beyond the grounds specified in the Massachusetts Uniform Arbitration Act.
Insurance Company of the State of Pennsylvania v. Great Northern Insurance Company (Lawyers Weekly No. 10-030-16)
Employer cannot bar insurer's equitable contribution claim by selectively notifying only one of two workers' compensation insurers of an employee's injury.
Recinos v. Escobar (Lawyers Weekly No. 10-029-16)
Probate and Family Court has equity jurisdiction over immigrant youth aged eighteen to twenty-one to make special findings required for federal special immigrant juvenile status applications.
Frawley v. Police Commissioner of Cambridge (Lawyers Weekly No. 10-028-16)
Retired police officer entitled to identification card needed for concealed firearm rights when evidence shows he retired in good standing.
Commonwealth v. Lally (Lawyers Weekly No. 10-027-16)
Murder conviction affirmed where DNA evidence errors were harmless and trial counsel's strategic decisions were reasonable.
Kim v. Rosenthal (Lawyers Weekly No. 10-026-16)
Eviction judgment upheld where petitioner failed to exhaust adequate remedies before seeking extraordinary relief for alleged fraud in prior foreclosure proceedings.
Bulwer v. Mount Auburn Hospital, et al. (Lawyers Weekly No. 10-025-16)
Summary judgment improper in employment discrimination case where conflicting evaluations, disparate treatment of similarly situated employees, and procedural violations raise jury questions about pretext.
Commonwealth v. Coggeshall (Lawyers Weekly No. 10-024-16)
Reckless endangerment of child statute requires subjective awareness of risk. Probable cause existed despite intoxication where defendant knowingly walked tracks with child.
Commonwealth v. Chamberlin (Lawyers Weekly No. 10-023-16)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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…