Commonwealth v. Scott (Lawyers Weekly No. 10-025-13)
Assault conviction reversed where medical records documenting liver laceration lacked expert testimony explaining the injury's severity and functional impact.
Lawyers
O’Neill v. School Committee of North Brookfield, et al. (Lawyers Weekly No. 10-019-13)
School superintendent's employment contract providing for postretirement health insurance reimbursement does not violate six-year limit on superintendent contracts under G.L. c. 71, § 41.
Commonwealth v. Morales (Lawyers Weekly No. 10-017-13)
Prosecution may introduce prior violent acts evidence of self-defense claimant to rebut victim's violent history evidence, but only with advance notice and careful judicial gatekeeping.
Commonwealth v. Rodriguez (Lawyers Weekly No. 11-022-13)
Aggravated kidnapping conviction vacated where jury instructions omitted the required element that defendant was armed with dangerous weapon.
Jones, et al. v. Boykan, et al. (Lawyers Weekly No. 10-016-13)
Default judgment for civil rights violations remanded for proper damages assessment where award lacked evidentiary support.
Commonwealth v. Figueroa (Lawyers Weekly No. 11-021-13)
Grandmother convicted of reckless endangerment of child for preventing immediate medical care after infant suffered serious head trauma.
Chambers, et al. v. Gold Medal Bakery, Inc., et al. (Lawyers Weekly No. 11-020-13)
Family business stock purchase agreement with arbitration clause not superseded by later settlement agreement addressing corporate-record access; arbitration premature pending resolution of underlying dispute.
Weiler v. PortfolioScope, Inc., et al. (Lawyers Weekly No. 11-019-13)
Appeals court reversed judgment favoring software developer against PortfolioScope and its controlling shareholder over disputed entitlement to litigation settlement proceeds, holding secured creditor's prior interest took priority.
Commonwealth v. Perella (Lawyers Weekly No. 10-015-13)
Complaint filed within statute of limitations does not toll time for indictment in armed robbery case; indictment must be found and filed within ten years.
Commonwealth v. Housen (Lawyers Weekly No. 11-013-13)
Affirmed convictions for armed assault with intent to murder and multiple violations of abuse prevention order. Separate violation counts are not duplicative when defendant contacted different protected individuals.