Cook v. Patient Edu, LLC, et al. (Lawyers Weekly No. 10-105-13)
LLC managers may face individual wage liability if they control and substantially participate in determining the entity's financial policy.
Lawyers
Commonwealth v. Alcequiecz (Lawyers Weekly No. 10-106-13)
Affirmed murder conviction and assault conviction; vacated duplicative armed burglary conviction. Provocation does not mitigate felony-murder; killing occurring minutes after entry qualifies as felony-murder.
Commonwealth v. Bundy (Lawyers Weekly No. 10-107-13)
Defendant convicted of child sexual exploitation via Xbox gaming console video chat. Supreme Judicial Court affirmed, holding that transmitted masturbation constitutes a "performance" before a person under statute.
Commonwealth v. Chambers (Lawyers Weekly No. 10-108-13)
Defendant charged with involuntary manslaughter claimed self-defense. Trial judge initially ruled evidence of victim's prior violent conduct admissible, then reversed course during trial. Conviction vacated; new trial ordered.
Feeney, et al. v. Dell Inc., et al. (Lawyers Weekly No. 10-103-13)
Arbitration clause with class waiver in consumer contract invalidated where plaintiff proves claims are nonremediable in individual arbitration due to complexity and modest damages.
Machado, et al. v. System4 LLC, et al. (Lawyers Weekly No. 10-104-13)
Class-action and damages waivers in arbitration clause: federal law preempts state policy favoring class actions, but statutory treble damages cannot be waived. Reversed in part; remanded.
Evans v. Lorillard Tobacco Company (Lawyers Weekly No. 10-102-13)
Affirmed in part, vacated in part, remanded. Jury properly found design and warning defects in Newport cigarettes under risk-utility analysis. Alternative design evaluation considered rational unaddicted consumers. Negligence findings vacated for instructional errors.
Commonwealth v. Parent (Lawyers Weekly No. 10-101-13)
Court vacates sexual assault conviction due to exclusion of prior inconsistent statements; reverses conviction for giving alcohol to defendant's own daughter; affirms furnishing alcohol to victim conviction.
Moore v. Town of Billerica (Lawyers Weekly No. 11-073-13)
Municipality immune from liability for child injured by baseball at playground; failure to extend protective netting not negligent maintenance under tort claims act.
Adoption of Cecily (Lawyers Weekly No. 11-074-13)
Parental rights terminated where mother witnessed father's abuse of infant but failed to protect her and refused to acknowledge evidence of inflicted injuries.