Schultz v. Tilley, et al. (Lawyers Weekly No. 11-061-17)
Insurance application language regarding dog's bite history and prior losses held ambiguous; honest answers under reasonable interpretations are not material misrepresentations.
Lawyers
Merrimack College v. KPMG LLP (Lawyers Weekly No. 12-054-17)
College barred from suing auditor for negligent failure to detect employee fraud where employee acted within scope of employment to benefit the college.
Commonwealth v. Montrond (Lawyers Weekly No. 10-081-17)
Murder conviction affirmed despite trial counsel's unreasonable failure to present intoxication evidence, where motive evidence was overwhelming and other errors were harmless.
Federal National Mortgage Association v. Gordon, et al. (Lawyers Weekly No. 11-060-17)
Appeals Court reversed judgment for Fannie Mae in residential trespass action, holding postforeclosure owner barred from suing occupants in actual possession and failed to prove constructive possession.
Benoit v. City of Boston (and a consolidated case) (Lawyers Weekly No. 10-080-17)
Workers' compensation benefits do not constitute "compensation" under a statute prohibiting suspended public employees from receiving compensation during suspension, because such benefits are not paid in return for services rendered.
Crowell v. Massachusetts Parole Board (Lawyers Weekly No. 10-078-17)
Parole Board must consider reasonable accommodations for disabled prisoners and may not categorically exclude them based on disability.
Modica v. Sheriff of Suffolk County, et al. (Lawyers Weekly No. 10-079-17)
Correction officer's stress-induced heart palpitations from breaking up inmate fights do not constitute "bodily injury" entitling him to statutory supplemental compensation.
Commissioner of Administration and Finance v. Commonwealth Employment Relations Board, et al. (Lawyers Weekly No. 10-076-17)
Public employer satisfied duty to request legislative appropriation for collective bargaining agreement by submitting request with fiscal information, even though Legislature rejected it and employer did not affirmatively advocate for funding.
Washington v. Gagliani (Lawyers Weekly No. 10-077-17)
Medical malpractice tribunal decision in federally-filed case; state courts lack jurisdiction to hear appeal after remand to federal court.
Commonwealth v. Valentin (Lawyers Weekly No. 11-058-17)
Defendant's conviction for stalking and assault upheld. Forfeiture by wrongdoing doctrine properly applied to admit unavailable witness's hearsay statements where defendant intentionally procured unavailability through threats and pressure.