Auto Flat Car Crushers, Inc. v. Hanover Insurance Company (Lawyers Weekly No. 10-170-14)
Insurer's reimbursement of insured's expenses does not bar Chapter 93A claim, but eliminates contract damage claims after acceptance of payment.
SJC Opinions
Commonwealth v. Vincent (Lawyers Weekly No. 10-169-14)
Defendant's ambiguous statements about possibly needing a lawyer during police interviews did not constitute an unequivocal invocation of right to counsel.
Commonwealth v. Vincent (Lawyers Weekly No. 10-169-14)
Defendant charged with murder after girlfriend's death from beating. Court affirmed conviction, finding statements admissible despite ambiguous references to needing lawyer.
Commonwealth v. LeClair, et al. (Lawyers Weekly No. 10-168-14)
Witness validly invoked Fifth Amendment privilege against self-incrimination regarding drug use; prosecutor's intent not to prosecute insufficient to override privilege; compelled testimony did not constitute waiver.
Glovsky v. Roche Bros. Supermarkets, Inc. (Lawyers Weekly No. 10-167-14)
Candidate's right to solicit nominating signatures extends to area outside supermarket entrance under Article 9 ballot-access right, but mere policy announcement does not constitute actionable coercion under Massachusetts Civil Rights Act.
Commonwealth v. Howard (Lawyers Weekly No. 10-166-14)
Murder conviction vacated where police violated Miranda rights by continuing interrogation after defendant invoked right to silence, prosecutor improperly used erroneously admitted statements and made character attacks in closing, and judge's mental impairment instruction omitted required limitations on extreme cruelty theory.
Tyree v. Commonwealth (Lawyers Weekly No. 10-165-14)
Conviction of first-degree murder affirmed. Defendant failed to demonstrate entitlement to extraordinary relief decades after conviction by not showing unavailable alternative remedies.
Roe No. 1, et al. v. Children’s Hospital Medical Center, et al. (Lawyers Weekly No. 10-164-14)
Hospital employer owes no duty of care to patients injured by former employee years later at separate institution in different state.
Massachusetts State Automobile Dealers Association, Inc., et al. v. Tesla Motors MA, Inc., et al. (Lawyers Weekly No. 10-163-14)
Car dealers lack standing to sue unaffiliated manufacturer for operating dealerships without franchise relationships.
Bower v. Bournay-Bower (Lawyers Weekly No. 10-162-14)
Judge lacked authority to appoint parent coordinator with binding decision-making power over non-consenting parent; order violated due process rights and unlawfully delegated judicial authority.