Lipsitt v. Plaud, et al. (Lawyers Weekly No. 10-156-13)
Wage Act does not preempt common-law breach of contract and quantum meruit claims for unpaid wages; employees may pursue six-year contract remedy when three-year statutory claim is time-barred.
SJC Opinions
McInnes v. LPL Financial, LLC, et al. (Lawyers Weekly No. 10-157-13)
Federal Arbitration Act preempts state law prohibiting arbitration of consumer protection claims when underlying financial services contract involves interstate commerce.
Commonwealth v. Walker (Lawyers Weekly No. 10-158-13)
First-degree murder conviction affirmed. Statements properly admitted despite claims of involuntary waiver; Miranda and Rosario waivers were knowing and voluntary.
Alicea v. Commonwealth (Lawyers Weekly No. 10-151-13)
Issue preclusion bars relitigation of a federal court's determination that plaintiff was not entitled to a one-year prison sentence, even against a different defendant in state court.
Commonwealth v. Moody (and four companion cases) (Lawyers Weekly No. 10-152-13)
Massachusetts wiretap statute authorizes interception of cellular telephone calls and text messages despite not being amended since 1968.
Caron, et al. v. Horace Mann Insurance Company (Lawyers Weekly No. 10-153-13)
Mutual mistake doctrine requires prior expressed agreement between parties; silent assumptions by insured about coverage unsupported by communication to agent do not warrant policy reformation.
Commonwealth v. Rivas (Lawyers Weekly No. 10-154-13)
Duplicative firearm convictions must be vacated under double jeopardy principles, but sentencing judge has discretion to choose which conviction when lesser included offense carries higher penalty.
City of Boston v. Boston Police Superior Officers Federation (Lawyers Weekly No. 10-155-13)
Police commissioner's statutory power to assign and transfer officers is nondelegable and cannot be delegated to arbitration even with employer consent.
Golchin v. Liberty Mutual Insurance Company (Lawyers Weekly No. 10-149-13)
MedPay benefits under an auto policy are payable for medical expenses resulting from an accident even when those same expenses were paid by the insured's separate health insurance policy.
Firearms Records Bureau v. Simkin, et al. (Lawyers Weekly No. 10-150-13)
Temporary nonresident firearms license: suitable person requirement applies; revocation must be supported by reasonable grounds; mere unusual lawful conduct insufficient absent regulatory guidance.