Spaniol’s Case (Lawyers Weekly No. 10-141-13)
Workers' compensation insurer may not offset attorney's fees against lump-sum award for specific permanent injuries under § 36; offset provision applies only to ongoing weekly benefits.
SJC Opinions
Morse, trustee v. Kraft, et al. (Lawyers Weekly No. 10-140-13)
Trustee authorized to distribute irrevocable trust assets to new trust where trust language grants broad discretionary authority over distributions and settlor manifested intent to allow such transfers.
Commonwealth v. Charles, et al. (Lawyers Weekly No. 10-138-13)
Superior Court judges have inherent authority to stay execution of sentences pending new trial motions in exceptional circumstances. Special magistrates lack such authority but may make proposed findings for judicial review.
Commonwealth v. Tatum (Lawyers Weekly No. 10-139-13)
Defendant arrested in third party's home under arrest warrant cannot challenge validity of search warrant or police entry lacking warrant, only whether police had reasonable belief defendant was present.
Flagg v. AliMed, Inc. (Lawyers Weekly No. 10-137-13)
Employee states cognizable employment discrimination claim when fired because spouse's disability creates costly medical expenses under employer's health plan.
Commonwealth v. Issa (Lawyers Weekly No. 10-136-13)
Affirmed. Conviction upheld for first-degree murder by strangulation. Peremptory challenge of sole African-American male juror permissible under totality of circumstances; late-disclosed clothing admissible with credibility safeguards; unrecorded statement instruction inapplicable.
Commonwealth v. Reavis (Lawyers Weekly No. 10-134-13)
Murder conviction affirmed where defendant stabbed wife; substitute medical examiner's improper testimony harmless; individual voir dire on domestic violence not required.
Commonwealth v. Franklin (Lawyers Weekly No. 10-135-13)
Murder conviction affirmed where defendant sold victim fake cocaine, victim threatened defendant's mother's home, and defendant later shot victim after angry confrontation.
NES Rentals v. Maine Drilling & Blasting, Inc., et al. (Lawyers Weekly No. 10-133-13)
Amended complaint to enforce lien dissolution bond relates back to original lien enforcement complaint, satisfying ninety-day deadline.
Herrick v. Essex Regional Retirement Board, et al. (Lawyers Weekly No. 10-132-13)
Public employee denied retirement benefits when he resigned. Court reversed denial but disagreed on interest rate owed on retroactive award.