In the Matter of the Estate of Sharis (Lawyers Weekly No. 11-086-13)
Grandson's will challenged for lack of independent counsel and fiduciary's undue influence; burden shifted to fiduciary beneficiary; affirmed.
Lawyers
Hugenberger, et al. v. Alpha Management Corp. (Lawyers Weekly No. 11-087-13)
Consumer Protection Act claim requires introduction of statutory demand letter at trial to prove an element of the case and determine available damages.
Alford v. Thibault, et al. (Lawyers Weekly No. 11-084-13)
Life tenant with absolute power of sale under will owes no fiduciary duty to remainder interests regarding sale price, and sale below market value under tax foreclosure pressure was not fraudulent.
First Specialty Insurance Corporation v. Pilgrim Insurance Company (Lawyers Weekly No. 11-082-13)
General liability insurer owed no duty to defend insureds sued for negligent hiring and supervision where policy's automobile exclusion contained language explicitly covering such claims.
Cooper v. Keto (Lawyers Weekly No. 11-083-13)
Father contractually bound by silence to college expenses but contempt finding reversed due to ambiguity in divorce judgment language.
Flood v. Commonwealth (Lawyers Weekly No. 10-116-13)
Interlocutory review denied where civil commitment petitioner claims trial deadline violated; speedy trial violations reviewable on final appeal.
Mostyn v. Department of Environmental Protection, et al. (Lawyers Weekly No. 11-081-13)
DEP properly approved seasonal kayak storage on a degraded coastal dune where strict performance standards would be met through replanting and monitoring over three years.
Commonwealth v. Correia (Lawyers Weekly No. 11-080-13)
Off-duty trooper's delivery of citation to defendant two days after violation, at end of trooper's first shift after returning to work, was timely under General Laws c. 90C, § 2.
Commonwealth v. Brown (Lawyers Weekly No. 11-079-13)
Defendant's statements during field sobriety test attempt were admissible because they resulted from his voluntary participation, not governmental compulsion, despite being testimonial.
Commonwealth v. Quinn (Lawyers Weekly No. 11-077-13)
Affirmed conviction for child rape. Therapist's testimony did not improperly vouch for victim's credibility. Rape shield statute precluded evidence of victim's pregnancy at disclosure.