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.
SJC Opinions
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.
Commonwealth v. Mercado (Lawyers Weekly No. 10-148-13)
Court affirmed first-degree murder conviction on premeditation and cruelty theories despite insufficient evidence for felony-murder theory.
Faircloth, et al. v. DiLillo (Lawyers Weekly No. 10-145-13)
Judge erred in refusing to reduce medical malpractice bond based on attorney's agreement to advance costs. Proper standard examines plaintiff's offer of proof and reasonableness of pursuing the claim.
Cruz, et al. v. Siddiqi (Lawyers Weekly No. 10-146-13)
Indigent plaintiffs' motion to reduce medical malpractice bond denied solely because attorney was advancing costs, not based on sufficiency of proof or reasonableness of continued pursuit.
Commonwealth v. Bertini, et al. (Lawyers Weekly No. 10-147-13)
Buccal swab order for DNA testing remediable on direct appeal; interlocutory review properly denied under general superintendence power.
Commonwealth v. Lezynski (Lawyers Weekly No. 10-144-13)
Expert witness improperly testified to quantitative toxicology results without having performed the tests. Error harmless where overwhelming independent evidence of possession with intent to distribute fentanyl existed.
Machado, et al. v. System4 LLC, et al. (Lawyers Weekly No. 10-143-13)
Wage-and-hour class action; arbitration agreement with class waiver; federal precedent affects prior state court reasoning but does not alter ultimate outcome.
Feeney, et al. v. Dell Inc., et al. (Lawyers Weekly No. 10-142-13)
Federal Arbitration Act requires enforcement of class action waivers in arbitration agreements even when plaintiffs cannot afford individual arbitration.