Roth v. Newpol, et al. (Lawyers Weekly No. 11-069-17)
Residuary clause disposing of "any monies remaining in my estate" did not include testator's one-half interest in real property; interest passed by intestate succession.
Lawyers
Guardianship of Yosselin Guadalupe Penate; Department of Revenue v. Lopez, et al. (Lawyers Weekly No. 10-102-17)
State probate judges must make special findings for undocumented immigrant children seeking federal SIJ status without assessing application merits or motivation.
Edwards v. Commonwealth, et al. (Lawyers Weekly No. 10-101-17)
Governor Patrick's defamation immunity for media statements about removing an official turned on whether she pleaded actual malice, not whether governors have absolute privilege.
Commonwealth v. Aguiar do Nascimento (Lawyers Weekly No. 11-074-17)
Amended statute prohibiting secret videotaping of clothed intimate parts applies in public places when reasonable expectation of privacy exists.
Commonwealth v. Lewis (Lawyers Weekly No. 11-075-17)
Defendant convicted of rape and assault and battery. Affirmed. Trial court properly admitted two first complaint witnesses describing victim's separate disclosures of distinct incidents on different dates.
Commonwealth v. Nelson (Lawyers Weekly No. 11-073-17)
Trial judge properly seated juror who stated slight bias toward police testimony but assured impartiality. Defendant's failure to use available peremptory challenge on juror and acceptance of jury panel precluded reversal.
Petrucci v. Esdaile, et al. (Lawyers Weekly No. 12-063-17)
Disputed LLC dissolution and alleged asset misappropriation; statute of limitations choice of law; fraud and unjust enrichment claims survive; non-compete and fiduciary duty claims dismissed.
Commonwealth v, Davis (Lawyers Weekly No. 11-072-17)
Defendant's rule 36 speedy trial motion granted where court congestion delays occurred despite his objections and Commonwealth's readiness for trial.
Commonwealth v. Cordero (Lawyers Weekly No. 10-097-17)
Traffic stop unlawfully extended beyond time needed to investigate traffic violations when officer lacked reasonable suspicion of criminal drug activity.
Rockland Trust Company v. Langone (Lawyers Weekly No. 10-098-17)
District Court may proceed with compulsory counterclaim exceeding $25,000; statute's $25,000 cap applies only to plaintiff's claims, not counterclaims.