Weiler v. PortfolioScope, Inc., et al. (Lawyers Weekly No. 10-123-14)
Former executive wins most of his claims for unpaid settlement share after company diverted funds to insiders, with reversals only on conversion theory.
SJC Opinions
Wyman, et al. v. Ayer Properties, LLC (Lawyers Weekly No. 10-120-14)
Economic loss rule does not bar condominium trustees' negligence claims for common area damage where trustees lack contract with builder and statute designates them as exclusive representatives.
J.M. Hollister, LLC v. Architectural Access Board (Lawyers Weekly No. 10-121-14)
Board reasonably interpreted regulation defining entrance as access point, considering use pattern and functionality of separate doorways providing different customer experience.
DOE, SEX OFFENDER REGISTRY BOARD NO. 156545 vs. SEX OFFENDER REGISTRY BOARD (Lawyers Weekly No. 10-119-14)
Sex offender mandamus petition compelling the Registry Board to provide hearing transcript where successor examiner was appointed after evidence closed.
Commonwealth v. Rex (Lawyer Weekly No. 10-118-14)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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. Overmyer (Lawyers Weekly No. 10-117-14)
Smell of unburnt marijuana alone does not establish probable cause to search vehicle absent evidence officers can reliably distinguish criminal from civil amounts by odor.
Commonwealth v. Craan (Lawyers Weekly No. 10-116-14)
Search of vehicle based solely on odor of unburnt marijuana violated Fourth Amendment where defendant never arrested and showed no impairment signs.
Commonwealth v. Santry (Lawyers Weekly No. 10-115-14)
Defendant cannot pursue interlocutory appeal from single justice's denial of leave to appeal pretrial motions; such rulings are reviewable only on direct appeal after conviction.
Commonwealth v. McGee (Lawyers Weekly No. 10-114-14)
First-degree murder conviction affirmed where trial judge properly allowed child witness to demonstrate victim's position during attack and excluded evidence of victim's sexual overture.
Commonwealth v. Andrade (Lawyers Weekly No. 10-113-14)
Court affirms first-degree murder conviction based on circumstantial evidence, upholding jury selection questions about eyewitness testimony and prosecutor's closing arguments.