Estate of Moulton v. Puopolo, et al. (Lawyers Weekly No. 10-046-14)
Board directors who adopt workplace safety policies are employers under workers' compensation law and immune from negligence suits by injured employees.
Board directors who adopt workplace safety policies are employers under workers' compensation law and immune from negligence suits by injured employees.
DNA testing statute sets low threshold for preliminary access to forensic analysis, separate from postconviction motion standards. Reversed and remanded for hearing.
Shareholder in close corporation breached fiduciary duties to wrongfully terminated minority shareholder; contract damages award vacated for recalculation; consumer protection claim dismissed as intra-corporate dispute.
First-degree murder conviction affirmed despite showup identification challenges and procedural errors; court finds good reason for identification procedure despite inherent suggestiveness.
First-degree murder conviction affirmed where showup identification procedure was permissible, surveillance videos admissible, and jury instructions proper.
Showup identifications admissible where conducted promptly after crime with good reason for procedure despite inherent suggestiveness.
Statutory right to cure mortgage default is preforeclosure protection, not part of foreclosure power of sale itself; violations must be challenged in equity action, not summary process.
Murder convictions affirmed. Defendant's Miranda waivers and confessions were voluntary despite claims of trauma and medication. Pretrial publicity was not pervasive. Expert testimony on false confessions properly excluded.
Defendant seeking to terminate permanent abuse prevention order must prove by clear and convincing evidence that significant change in circumstances eliminates reasonable fear of harm.
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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…