Commonwealth v. Vital (Lawyers Weekly No. 11-068-13)
Priest-penitent privilege does not protect communications when defendant sought pastor's help contacting victim's family to settle abuse case, violating restraining order.
Lawyers
Shahin v. I.E.S. Incorporated (Lawyers Weekly No. 11-069-13)
Appeal from summary judgment dismissing contract and tort claims based on one-year contractual limitations period. Court vacates, finding contractual provision unenforceable because it precludes discovery rule.
Wheatley v. Massachusetts Insurers Insolvency Fund (Lawyers Weekly No. 10-094-13)
Insolvency fund subject to consumer protection liability and must pay attorney's fees when plaintiff prevails in consumer action.
Commonwealth v. Santana (Lawyers Weekly No. 10-093-13)
Murder convictions affirmed despite claims of Miranda violations, improper interrogation after invocation of right to silence, Brady violation regarding witness identification, and Fourth Amendment issues with evidence seizure.
Askenazy, et al. v. KPMG LLP, et al. (Lawyers Weekly No. 11-066-13)
Investors in Madoff feeder funds sued KPMG for fraud and misrepresentation. Court held investors' claims were direct, not derivative, and therefore not subject to arbitration provisions in unsigned engagement letters.
New England Insulation Company, Inc. v. Liberty Mutual Insurance Company (Lawyers Weekly No. 11-064-13)
Insurer properly applied pro rata allocation method to asbestos indemnity payments under occurrence-based liability policies despite insured's argument for joint and several coverage.
Commonwealth v. Rosario (Lawyers Weekly No. 11-065-13)
Circumstantial evidence sufficiently proved the defendant intended to intimidate a witness to a criminal proceeding when he threatened the victim in a courthouse hallway.
Commonwealth v. Akara (and 17 companion cases) (Lawyers Weekly No. 10-092-13)
Defendants convicted of first-degree murder for shooting on MBTA train that killed unborn child. Joint venture liability affirmed where evidence supported either defendant as shooter with knowing assistance from other.
Commonwealth v. Almonte (Lawyers Weekly No. 10-091-13)
Murder conviction affirmed where defendant's DNA matched victim's, witnesses placed him at scene, and he possessed victim's stolen car.
Taylor, et al. v. Eastern Connection Operating, Inc. (Lawyers Weekly No. 10-088-13)
Couriers in New York sued Massachusetts company for misclassification and wage violations. Contract's choice-of-law clause for Massachusetts law is valid and enforceable despite workers' out-of-state location.