Graziano, et al. v. Riley, et al. (Lawyers Weekly No. 11-025-13)
Neighbors' berm blocking drainage easement built in 1966 under the "common enemy" rule, before Massachusetts adopted the "reasonable use" standard in 1978; nuisance judgment reversed.
Lawyers
Commonwealth v. Mgaresh (Lawyers Weekly No. 11-023-13)
Defendant convicted of cocaine distribution in school zone. Court affirmed, holding evidence sufficient under constructive possession or joint venture theory despite missing jury instruction.
Commonwealth v. Harris (Lawyers Weekly No. 10-026-13)
Murder conviction affirmed. Self-defense instruction proper despite general language on provocation. 911 recording and prosecutor's use thereof admissible.
Commonwealth v. Walker (Lawyers Weekly No. 11-024-13)
Sexually dangerous person commitment affirmed where exhibitionist with history of contact offenses posed menace to health and safety.
Commonwealth v. Kelsey (Lawyers Weekly No. 10-018-13)
Probationer denied disclosure of confidential informant's identity before revocation hearing. Court held disclosure may be required where informant is sole nongovernmental witness and active participant in alleged offense.
Chambers, et al. v. Gold Medal Bakery, Inc., et al. (Lawyers Weekly No. 10-020-13)
Minority shareholders and directors of a family-held bakery sought privileged communications regarding litigation. The court held that because the shareholders pursued buyout claims adverse to the corporation's interests, they could not access litigation documents protected by attorney-client privilege or work product doctrine.
Rivas v. Chelsea Housing Authority (Lawyers Weekly No. 10-021-13)
Reversal of housing authority's termination of rental voucher for failure to report household composition change where authority failed to provide required settlement conference and applicable regulations impermissibly vague.
Commonwealth v. Figueroa (Lawyers Weekly No. 10-023-13)
Parole officer investigation into potential parole violations qualifies as criminal proceeding under witness tampering statute protecting parole officers and those with information about violations.
L.J.S. v. J.E.S. (Lawyers Weekly No. 10-024-13)
Judges must consider federal tax consequences of alimony provisions when parties present evidence, even where tax treatment remains uncertain under federal law.
White, et al. v. Hartigan, et al. (Lawyers Weekly No. 10-022-13)
Affirmed on title claim; vacated and remanded on prescriptive easement claim. Eroded beach parcel held subject to fixed landward boundary despite seaward migration.