Commonwealth v. Diaz (Lawyers Weekly No. 10-195-17)
Affirmed conviction for first-degree murder based on DNA evidence. Prosecutor's closing argument statements, though some improper, did not warrant new trial given overwhelming evidence.
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Commonwealth v. Camblin (Lawyers Weekly No. 10-194-17)
Breathalyzer evidence admissible after scientific hearing establishes dual-sensor device reliably distinguishes ethanol from interfering substances and meets federal certification standards.
Schiefer, et al. v. Bain Capital, LP (Lawyers Weekly No. 09-044-17)
Overtime wage settlement dispute over when prejudgment interest accrues with multiple breaches spanning seventy-two pay periods versus from action commencement date.
Wildlands Trust of Southeastern Massachusetts, Inc., et al. v. Cedar Hill Retreat Center, Inc., et al. (Lawyers Weekly No. 09-046-17)
Superior Court dismisses new amended claims in Conservation Restriction enforcement action but preserves original Gift Agreement and breach of restriction claims for trial.
Petrucci v. Esdaille, et al. (Lawyers Weekly No. 09-047-17)
Chapter 93A claim against company formed from misappropriated assets of LLC dismissed; intra-venture disputes excluded from consumer protection law.
In re OvaScience Inc. Stockholder Litigation (Lawyers Weekly No. 09-050-17)
Court denies class certification in securities fraud case involving OvaScience stock offering, finding nonresident stockholders lack minimum contacts with Massachusetts and Massachusetts-only class too small.
In re OvaScience Inc. Stockholder Litigation (Lawyers Weekly No. 09-051-17)
Individual plaintiffs buying OvaScience shares through online brokers in the aftermarket lack standing under Securities Act Sections 11 and 12(a)(2). Summary judgment granted.
Minichiello Bros., Inc., et al. v. Marchese, et al. (Lawyers Weekly No. 09-052-17)
Court denies landlord's motion for summary judgment seeking possession of property occupied under oral lease, finding genuine disputes regarding equitable estoppel and environmental compliance obligations.
Medical Source, Inc., et al. (Lawyers Weekly No. 09-053-17)
Court balances plaintiff's discovery rights against burden on small non-party vendor, limiting document requests and capping plaintiff's payment obligation for production costs.
Newton Presbyterian Church, et al. v. Smith, et al. (Lawyers Weekly No. 09-048-17)
Presbyterian congregation's property held in trust for national denomination; court enforces ecclesiastical determination that loyal faction, not breakaway group, controls church assets.