Myrick v. Harvard University (Lawyers Weekly No. 10-037-16)
Superior Court employment discrimination dismissal upheld. Denial of stay in pending Appeals Court appeal affirmed as appropriate exercise of discretion.
Lawyers
Commonwealth v. Henderson (No. 1) (Lawyers Weekly No. 11-029-16)
Leaving-the-scene convictions duplicative where multi-vehicle collision occurred in single stream of conduct at one scene; knowledge standard affirmed; one personal injury and two property damage convictions vacated.
Commonwealth v. Beltrandi (Lawyers Weekly No. 11-027-16)
Conviction reversed where prosecutor improperly urged adverse inference from missing witness without required jury instruction, despite sufficient circumstantial evidence of operation.
N-Tek Construction Services, Inc. v. Hartford Fire Insurance Company (Lawyers Weekly No. 11-028-16)
Sub-subcontractor's email notice of unpaid work does not satisfy statutory notice requirement for payment bond claims when it fails to express intent to claim against the general contractor's bond.
Commonwealth v. Sylvain (Lawyers Weekly No. 10-036-16)
Noncitizen defendant's guilty plea vacated where counsel gave erroneous advice about deportation consequences and judge found immigration concerns were a live issue during plea negotiation.
Goe v. Commissioner of Probation (Lawyers Weekly No. 10-035-16)
Probationer's challenge to additional probation conditions imposed by receiving state under Interstate Compact properly brought through declaratory judgment in Massachusetts court.
Commonwealth v. Smith (Lawyers Weekly No. 10-034-16)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of…
New England Precision Grinding,l Inc. v. Simply Surgical, LLC, et al. (Lawyers Weekly No. 11-026-16)
Medical device supplier cannot revoke acceptance of goods after customer rejects them; contract terms control payment obligations.
Commonwealth v. LaBrie (Lawyers Weekly No. 10-031-16)
Mother convicted of attempting to murder son by withholding cancer medication. Court reversed attempted murder conviction due to ineffective trial counsel and reversed assault charges for insufficient evidence.
Esler v. Sylvia-Reardon, et al. (Lawyers Weekly No. 10-032-16)
Nurse terminated for FMLA retaliation. Court reversed judgment n.o.v., finding evidence supported jury verdict. Front pay remains judicial function.