Cave Corporation v. Conservation Commission of Attleboro (Lawyers Weekly No. 11-088-17)
Conservation commission's roadway order enforceable despite developer's DEP superseding order for separate lot work; local ordinance stricter than state law.
Lawyers
S.M., et al. v. M.P., et al. (Lawyers Weekly No. 11-089-17)
Open adoption agreement enforcement; adoptive parents' discretion to terminate visitation based on child's undue stress must be exercised in good faith; material breach required.
Commonwealth v. Cooley (Lawyers Weekly No. 10-119-17)
First-degree murder conviction under felony-murder doctrine affirmed where evidence supported defendant's participation in armed robbery as joint venturer, despite nondisclosed statement from alleged shooter.
Calabria v. Calabria (Lawyers Weekly No. 11-087-17)
Retroactive child support modification allowed where separation agreement expressly provided for retroactive adjustment and modification increased rather than decreased support obligation.
City of Boston v. Boston Police Patrolmen’s Association (Lawyers Weekly No. 10-118-17)
Arbitrator ordered reinstatement of officer who applied chokehold, finding no misconduct. Court affirmed despite public policy concerns about excessive force.
Essex Regional Retirement Board v. Justices of the Salem Division of the District Court Department of the Trial Court, et al. (Lawyers Weekly No. 11-086-17)
Police officer's pension forfeiture upheld for threatening wife with handgun; remanded for constitutional excessiveness analysis.
Shulman v. Tosi (Lawyers Weekly No. 12-087-17)
Employee's claim against estate for promised retirement compensation is time-barred under the Uniform Probate Code's one-year service requirement, despite timely filing.
Commonwealth v. Muller (Lawyers Weekly No. 10-117-17)
Defendant convicted of murder admitted shooting victims but claimed mental illness and drug addiction rendered him not criminally responsible. Court affirmed despite erroneous jury instruction on voluntaryintoxication and mental illness.
Beninati, et al. v. Borghi, et al. (Lawyers Weekly No. 12-086-17)
Court awards treble damages for consumer protection violations based on misappropriation of confidential business information and unfair competition, addresses contribution obligations among joint tortfeasors, and prevents wrongdoer-shareholder from benefiting from punitive award.
Commonwealth v. Jordan (Lawyers Weekly No. 11-085-17)
Murder investigation; search warrant for cellular phone records. Court affirmed suppression of text messages, reversed suppression of location data.