Vale v. Valchuis, et al. (Lawyers Weekly No. 10-083-15)
Stock valuation agreement between close corporation shareholders constitutes valid arbitration clause under Massachusetts Arbitration Act if actual controversy exists regarding price.
Lawyers
Borden v. Progressive Direct Insurance Company (Lawyers Weekly No. 11-052-15)
Personal auto insurance policy's exclusion for automobile business applies to towing company employee using nonowned tow truck in course of employment.
Wells Fargo Bank, N.A. v. Cook, et al. (Lawyers Weekly No. 11-051-15)
Face-to-face meeting requirement in FHA-insured mortgage is condition precedent to foreclosure; material facts remain about meeting's compliance.
Commonwealth v. Tarjick (Lawyers Weekly No. 11-050-15)
Memory cards seized during search warrant execution were properly admitted under plain view doctrine despite not being listed in original warrant.
Bridgeman v. District Attorney for the Suffolk District, et al. (Lawyers Weekly No. 10-082-15)
Defendants who plead guilty in drug cases based on tainted analysis cannot face more serious charges or harsher sentences upon obtaining new trials.
Commonwealth v. Tavares (Lawyers Weekly No. 10-080-15)
Murder conviction reversed on joint venture theory where judge's response to jury question about liability of aiders and abettors created miscarriage of justice risk.
DaRosa, et al. v. City of New Bedford (Lawyers Weekly No. 10-081-15)
Work product prepared in anticipation of litigation by or for a city falls within the public records law's policy deliberation exemption, protecting it from disclosure.
Bowers v. P. Wile’s, Inc. (Lawyers Weekly No. 11-049-15)
Store owner premises liability; mode of operation approach applies to self-service merchandise displays regardless of whether hazard involves items for sale.
Maryland Casualty Company, et al. v. NSTAR Electric Company, et al. (Lawyers Weekly No. 10-079-15)
Electric utility's tariff-approved limitation on liability for special, indirect, or consequential damages bars insurance subrogees' claims for business interruption despite allegations of gross negligence.
Goduti v. City of Worcester (Lawyers Weekly No. 11-048-15)
Foreclosure by entry mortgagee waived right to foreclose by accepting mortgage payments during three-year ripening period; city properly assessed taxes to occupant.