Commonwealth v. Robinson (Lawyers Weekly No. 12-001-17)
Public trial violation during jury selection constitutes structural error requiring automatic reversal without showing prejudice when defendant and counsel were unaware of the closure.
Category Superior Court Opinions
Middlesex Integrative Medicine, Inc. v. Massachusetts Department of Public Health (Lawyers Weekly No. 12-180-16)
Medical marijuana applicant denied monetary relief for application fees paid; certiorari review limited to correcting errors, not awarding damages.
Correa v. Schoeck, et al. (Lawyers Weekly No. 12-182-16)
Pharmacy owes no duty to notify prescribing physician of insurance coverage denial where it expressly instructs patient to contact physician directly.
Hanna v. Williams, et al. (Lawyers Weekly No. 12-181-16)
Court denied motions to dismiss tort claims arising from alleged wrongful interference with elderly woman's will and inheritance expectations, distinguishing probate proceedings from separate tort liability.
DeVito, et al. v. Longwood Security Services, Inc., et al. (Lawyers Weekly No. 12-169-16)
Unpaid meal breaks during which security officers remained on duty constitute compensable working time under the "relief from duties" test in Massachusetts regulations, not the federal "predominant benefit" standard.
MMA Lincoln Gardens, LLC, et al. v. Lancaster (Lawyers Weekly No. 12-179-16)
Court denies motion to dismiss counterclaims in consolidated partnership disputes, finding procedural bar inapplicable and substantive allegations sufficient.
Ilex Investments LP, et al. v. Bitran, et al. (Lawyers Weekly No. 12-178-16)
Investors lost $1.5 million in fraudulently managed hedge funds. Court denied summary judgment because reasonable reliance remains a jury question despite plaintiff's investment sophistication.
ABCD Holdings, LLC v. Hannon, et al. (Lawyers Weekly No. 12-172-16)
Court denies guarantor's motion to dismiss personal guaranty enforcement and Chapter 93A claim; allows motions to dismiss corporate veil and fraudulent transfer claims against related entities.
Wildlands Trust of Southeastern Massachusetts, Inc., et al. v. Cedar Hill Retreat Center, Inc., et al. (Lawyers Weekly No. 12-174-16)
Conservation restriction enforcement action where court allows breach claims against both property owner and original grantor to proceed while dismissing consumer protection claims.
Columbia Plaza Associates, et al. v. Northeastern University (Lawyers Weekly No. 12-175-16)
1 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT SUCV2013-2392-BLS 2 COLUMBIA PLAZA ASSOCIATES, et al. Plaintiffs vs. NORTHEASTERN UNIVERSITY Defendant FINDINGS OF FACT, RULINGS OF LAW AND ORDER OF JUDGMENT This case arises from a series of agreements between the…