Barrie-Chivian, et al. v. Lepler (Lawyers Weekly No. 11-083-15)
Promissory estoppel can overcome Statute of Frauds defense when defendant induced reliance on oral loan guaranty promises he never memorialized in writing.
Lawyers
Pugsley v. Police Department of Boston, et al. (Lawyers Weekly No. 10-133-15)
Male police applicant lacked standing to challenge preferential hiring of female candidates because his injury was speculative. Court also held statistical gender disparities insufficient for BFOQ defense.
Rosencranz v. Commonwealth (Lawyers Weekly No. 10-134-15)
Defendant cannot use chapter 211, section 3, to obtain interlocutory review of denial of motion to dismiss based on speedy trial violation.
Barounis v. Barounis, et al. (Lawyers Weekly No. 11-081-15)
Affirmed as modified. 2003 will admitted in full; 2004 will rejected where testator lacked knowledge of contents despite testamentary capacity.
Commonwealth v. Porter (Lawyers Weekly No. 11-082-15)
Defendant serving weekend sentence at house of correction failed to report and charged with escape. Court holds constructive custody and temporary release between weekend commitments supports escape conviction.
Commonwealth v. Roberts (Lawyers Weekly No. 10-132-15)
Defendant must show reasonable probability he would not have pleaded guilty had judge warned of possible civil confinement as sexually dangerous person, despite such consequence being collateral rather than direct.
Commonwealth v. Lopez (Lawyers Weekly No. 11-079-15)
Unprovoked punch to delivery person's head causing fatal skull fracture constituted involuntary manslaughter by wanton and reckless conduct; felony-murder submission did not prejudice conviction.
Commonwealth v. Fritz (Lawyers Weekly No. 10-131-15)
Murder conviction affirmed where witness testified he saw defendant pointing gun at victim after hearing shots and defendant later admitted killing.
Lind, et al. v. Domino’s Pizza LLC, et al. (Lawyers Weekly No. 11-080-15)
Franchisor not vicariously liable for franchisee's negligence where franchisor set baseline standards but franchisee retained exclusive control over delivery operations and safety decisions.
Tirado v. Board of Appeal on Motor Vehicle Liability Policies and Bonds (and two companion cases) (Lawyers Weekly No. 10-130-15)
Admission to sufficient facts and continuance without finding constitute a conviction under commercial driver licensing statute, warranting license suspension.