Alicea v. Commonwealth (Lawyers Weekly No. 10-151-13)
Issue preclusion bars relitigation of a federal court's determination that plaintiff was not entitled to a one-year prison sentence, even against a different defendant in state court.
Lawyers
Commonwealth v. Moody (and four companion cases) (Lawyers Weekly No. 10-152-13)
Massachusetts wiretap statute authorizes interception of cellular telephone calls and text messages despite not being amended since 1968.
Caron, et al. v. Horace Mann Insurance Company (Lawyers Weekly No. 10-153-13)
Mutual mistake doctrine requires prior expressed agreement between parties; silent assumptions by insured about coverage unsupported by communication to agent do not warrant policy reformation.
Commonwealth v. Rivas (Lawyers Weekly No. 10-154-13)
Duplicative firearm convictions must be vacated under double jeopardy principles, but sentencing judge has discretion to choose which conviction when lesser included offense carries higher penalty.
City of Boston v. Boston Police Superior Officers Federation (Lawyers Weekly No. 10-155-13)
Police commissioner's statutory power to assign and transfer officers is nondelegable and cannot be delegated to arbitration even with employer consent.
Golchin v. Liberty Mutual Insurance Company (Lawyers Weekly No. 10-149-13)
MedPay benefits under an auto policy are payable for medical expenses resulting from an accident even when those same expenses were paid by the insured's separate health insurance policy.
W.A. Wilde Company, Inc. v. Board of Assessors of Holliston (Lawyers Weekly No. 11-095-13)
Statute requiring assessors to prove assessed value in certain circumstances applies only when board previously made affirmative determination of fair cash value.
Commonwealth v. Huggins (Lawyers Weekly No. 11-096-13)
Affirmed. Defendant cannot challenge probable cause after conviction. Motion to dismiss complaint decided from complaint application without hearing unless Commonwealth consents.
Welch v. Barach, et al. (Lawyers Weekly No. 11-097-13)
Hedge fund investor's omission claim fails; 1999 landlord-tenant dispute too remote and personal to constitute material fact affecting investment decision under securities act.
Firearms Records Bureau v. Simkin, et al. (Lawyers Weekly No. 10-150-13)
Temporary nonresident firearms license: suitable person requirement applies; revocation must be supported by reasonable grounds; mere unusual lawful conduct insufficient absent regulatory guidance.