Amaral v. Seekonk Grand Prix Corp. (Lawyers Weekly No. 11-008-16)
Parent accompanying minor children to go-cart facility paid for their ride tickets. Injury while supervising triggered question of whether recreational use statute immunity applied.
Lawyers
Commonwealth v. Dorelas (Lawyers Weekly No. 10-007-16)
Police warrant authorized search of iPhone photograph files for communications evidence. Affirmed: photographs showing defendant with gun admissible.
Commonwealth v. Carvalho (Lawyers Weekly No. 11-007-16)
Affirmed convictions for intimidating a witness and violating a harassment prevention order. Trial judge properly required explanation for peremptory challenge of only minority juror and did not err in declining special voir dire question.
Parkview Electronics Trust, LLC v. Conservation Commission of Winchester (Lawyers Weekly No. 11-006-16)
Local conservation commission properly asserted jurisdiction over property under more stringent local wetlands by-law, even though state law basis was later superseded by state agency.
Commonwealth v. Moore (Lawyers Weekly No. 10-006-16)
Reasonable suspicion, not a warrant, justifies warrantless search of parolee's home under Massachusetts Constitution. Parolees have diminished privacy expectations balancing Commonwealth's supervision interests.
Khalsa, et al. v. Sovereign Ban, N.A. (Lawyers Weekly No. 11-005-16)
Mortgage foreclosure sale invalid unless mortgagee holds note or acts as authorized agent of note holder. Remanded where genuine factual disputes remain regarding agency authorization.
Commonwealth v. Ubilez (Lawyers Weekly No. 11-004-16)
Inevitable discovery exception applied where unregistered van would necessarily be impounded and inventoried under departmental policy.
Beacon Towers Condominium Trust v. Alex (Lawyers Weekly No. 10-005-16)
Arbitrator cannot award attorney's fees for frivolous defenses absent express party agreement, even under AAA rules permitting fees when authorized by law.
Erickson v. Clancy Realty Trust, et al. (Lawyers Weekly No. 11-003-16)
Vacated and remanded. The 1903 decree discontinued only the grade crossings, not the entire public road, absent express discontinuance language.
Merrimack College v. KPMG LLP (Lawyers Weekly No. 11-002-16)
Arbitration clause in 2005 engagement letter does not apply retroactively to malpractice claims arising from services provided under prior separate annual contracts.