Commonwealth v. Mercado (Lawyers Weekly No. 10-148-13)
Court affirmed first-degree murder conviction on premeditation and cruelty theories despite insufficient evidence for felony-murder theory.
Lawyers
Faircloth, et al. v. DiLillo (Lawyers Weekly No. 10-145-13)
Judge erred in refusing to reduce medical malpractice bond based on attorney's agreement to advance costs. Proper standard examines plaintiff's offer of proof and reasonableness of pursuing the claim.
Cruz, et al. v. Siddiqi (Lawyers Weekly No. 10-146-13)
Indigent plaintiffs' motion to reduce medical malpractice bond denied solely because attorney was advancing costs, not based on sufficiency of proof or reasonableness of continued pursuit.
Commonwealth v. Bertini, et al. (Lawyers Weekly No. 10-147-13)
Buccal swab order for DNA testing remediable on direct appeal; interlocutory review properly denied under general superintendence power.
Commonwealth v. Lezynski (Lawyers Weekly No. 10-144-13)
Expert witness improperly testified to quantitative toxicology results without having performed the tests. Error harmless where overwhelming independent evidence of possession with intent to distribute fentanyl existed.
Cannonball Fund, Ltd., et al. v. Dutchess Capital Management, LLC, et al. (Lawyers Weekly No. 11-094-13)
Savings statute applies to voluntary dismissals made because plaintiff reasonably expected court would dismiss for lack of personal jurisdiction.
Machado, et al. v. System4 LLC, et al. (Lawyers Weekly No. 10-143-13)
Wage-and-hour class action; arbitration agreement with class waiver; federal precedent affects prior state court reasoning but does not alter ultimate outcome.
Feeney, et al. v. Dell Inc., et al. (Lawyers Weekly No. 10-142-13)
Federal Arbitration Act requires enforcement of class action waivers in arbitration agreements even when plaintiffs cannot afford individual arbitration.
Spaniol’s Case (Lawyers Weekly No. 10-141-13)
Workers' compensation insurer may not offset attorney's fees against lump-sum award for specific permanent injuries under § 36; offset provision applies only to ongoing weekly benefits.
Morse, trustee v. Kraft, et al. (Lawyers Weekly No. 10-140-13)
Trustee authorized to distribute irrevocable trust assets to new trust where trust language grants broad discretionary authority over distributions and settlor manifested intent to allow such transfers.