City of Springfield v. United Public Service Employees Union (Lawyers Weekly No. 11-035-16)
Arbitrator properly reinstated employee terminated for sexual harassment based on progressive discipline principles despite serious misconduct.
Lawyers
Commonwealth v. Sanchez (Lawyers Weekly No. 11-034-16)
Shed in fenced backyard held part of apartment curtilage where defendant rented it, locked it, and possessed keys, so search warrant extended to shed.
Commonwealth v. Boucher (Lawyers Weekly No. 10-041-16)
First-degree murder conviction affirmed where jury instructions properly allowed consideration of voluntary intoxication evidence relating to extreme atrocity or cruelty theory.
Lasher v. Leslie-Lasher (Lawyers Weekly No. 10-040-16)
Divorced husband seeking relief from judgment through general superintendence petition must first demonstrate that ordinary appellate review is inadequate.
Commonwealth v. Lugo (Lawyers Weekly No. 11-033-16)
Sufficient evidence supported conviction for joint venture assault where defendant witnessed knife attack, chased victims with armed friend, and stomped victim while friend stabbed him.
Almeida, et al. v. Arruda, et al. (Lawyers Weekly No. 11-032-16)
Convenience store beer and wine sales constitute protected prior nonconforming use when integrated into existing retail operations without substantial change in character or neighborhood effect.
In the Matter of Weiss (Lawyers Weekly No. 10-039-16)
Suspended attorney's third petition for reinstatement denied where hearing committee found insufficient rehabilitation, poor recall of discipline, and inadequate maintenance of legal knowledge.
Abrahamson v. Estate of LeBold (Lawyers Weekly No. 11-031-16)
One-year filing deadline for claims against estates under Massachusetts Uniform Probate Code applies; general savings statute permitting refiling after dismissal does not override shorter probate limitations period.
Kilnapp Enterprises, Inc. v. Massachusetts State Automobile Dealers Association, et al. (Lawyers Weekly No. 11-030-16)
Defamation claim by detailing broker against trade association and attorney for published warnings to members about DOL investigation dismissed as conditionally privileged and substantially true.
Commonwealth v. Chatman (Lawyers Weekly No. 10-038-16)
Murder conviction affirmed; postverdict competency motion denied. Defendant failed to show Commonwealth could not have proven competency despite mental illness.