Faulk, et al. v. CVS Caremark Corporation, et al. (Lawyers Weekly No. 10-175-14)
Petition for superintendence relief denied where underlying complaint dismissed and petitioners had adequate alternative remedies through ordinary appeal procedures.
SJC Opinions
Town of Athol v. Professional Firefighters of Athol, Local 1751, I.A.F.F. (Lawyers Weekly No. 10-174-14)
Arbitrator ordered town to restore prior copayment rates and compensate firefighters after unilateral increase. Superior Court wrongly vacated remedies based on misapplied statute.
Commonwealth v. LaChance (Lawyers Weekly No. 10-173-14)
Public trial right violated when courtroom closed during jury selection; trial counsel failed to object. Defendant must show prejudice on collateral review despite structural nature of error.
Commonwealth v. Evans (Lawyers Weekly No. 10-172-14)
DNA evidence, consciousness of guilt, and circumstantial evidence supported conviction for murder during armed robbery and extreme atrocity or cruelty.
Barron Chiropractic & Rehabilitation, P.C. v. Norfolk & Dedham Group (Lawyers Weekly No. 10-171-14)
Medical provider rejected insurer's late tender of disputed PIP benefits and continued lawsuit. Court held unpaid party may refuse tender and pursue judgment with attorney's fees.
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.
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.