Korn v. The Paul Revere Life Insurance Company (Lawyers Weekly No. 11-042-13)
Res judicata bars relitigation of claims that were untimely proposed amendments in prior federal litigation, even when filed in subsequent state court action.
Lawyers
Commonwealth v. Robinson (Lawyers Weekly No. 11-043-13)
Appeals Court affirmed convictions for resisting arrest and drug possession. Defendant failed to preserve funding-for-investigator claim, excessive-force instruction was properly refused, and container search was reasonable.
Commonwealth v. Hamilton (Lawyers Weekly No. 11-044-13)
Sufficient evidence supported constructive possession conviction where defendant was primary apartment occupant, cocaine sat openly on coffee table, and items suggested distribution.
Morales v. Morales (Lawyers Weekly No. 10-037-13)
Child support order modification governed by inconsistency standard, not material and substantial change standard. Remanded for reconsideration under proper legal test.
Tyler v. Michaels Stores, Inc. (Lawyers Weekly No. 10-036-13)
Zip codes constitute personal identification information under the consumer privacy statute. A plaintiff may sue for statutory violation absent identity fraud but must prove resulting injury to recover damages.
Commonwealth v. Jules (Lawyers Weekly No. 10-034-13)
First-degree murder conviction affirmed. Unrecorded police statements admissible with reliable translator; eyewitness identification from newspaper photo not suppressed.
Edwards, petitioner (Lawyers Weekly No. 10-035-13)
Judge may determine reasonable expert compensation for indigent party by assessing efficiency of work performed but cannot reduce hourly rate set by Committee for Public Counsel Services.
Premier Capital, LLC v. KMZ, Inc. (Lawyers Weekly No. 10-033-13)
Sealed promissory note subject to 20-year statute of limitations when cause of action accrued before 1998 UCC enactment. Successor liability requires actual asset transfer, not just business similarity.
Commonwealth v. Pettit (Lawyers Weekly No. 11-040-13)
Defendant convicted of operating vehicle without ignition interlock device. Appeals Court reversed, holding revoked license cannot simultaneously carry restrictions.
Commonwealth v. Fabian F., a juvenile (Lawyers Weekly No. 11-041-13)
Juvenile's 1988 rape conviction upheld despite claim trial counsel was ineffective for not requesting de novo jury trial available under then-existing two-tiered system.