Vinnie v. Superintendent, Massachusetts Correctional Facility, Norfolk (Lawyers Weekly No. 10-044-18)
Habeas petitioner cannot reinstate petition in county court after Superior Court denial; must follow gatekeeper provision for appellate review.
Lawyers
Commonwealth v. G.F. (Lawyers Weekly No. 10-043-18)
Fourth trial permitted in sexually dangerous person case after three mistrials. Pretrial confinement of nearly seven years without sexual dangerousness finding violates due process; defendant entitled to supervised release hearing.
Charlie’s Project LLC, et al. v. T2B LLC, et al. (Lawyers Weekly No. 09-028-18)
Court denies motion to compel arbitration where claims arise from contracts without arbitration clauses, despite separate operating agreement containing arbitration provision.
Silva v. Todisco Services, Inc. (Lawyers Weekly No. 09-027-18)
Unaccepted payment to named plaintiff does not moot class action; consumer class certified for Chapter 93A claims alleging unlawful towing surcharges.
Commonwealth v. Harris (Lawyers Weekly No. 11-031-18)
Police unlawfully stopped and seized defendant based on stale "casing" report. Officers lacked reasonable suspicion when they requested identification and conducted record checks.
Bruno, et al. v. Zoning Board of Appeals of Tisbury, et al. (Lawyers Weekly No. 11-032-18)
Statute of limitations for zoning enforcement action to compel removal of structure commences when conveyance separates nonconforming lots, not when ANR subdivision plan is endorsed.
Citadel Realty, LLC v. Endeavor Capital North, LLC, et al. (Lawyers Weekly No. 11-033-18)
Scope of interlocutory appeal under lis pendens statute; mortgagee's duty of good faith in foreclosure sale when mortgagee is also the buyer; failure to discharge prior mortgage.
Commonwealth v. Sutherland (Lawyers Weekly No. 11-034-18)
Heroin possession conviction affirmed despite erroneous admission of appearance-based expert testimony, based on substantial admissible evidence of intent to distribute and defendant's own incriminating statements.
Rafferty v. Merck & Co., Inc., et al. (Lawyers Weekly No. 10-041-18)
Generic drug consumer may bring recklessness claim against brand-name manufacturer for failure to warn, but not ordinary negligence claim. Consumer protection claim dismissed.
Commonwealth v. Brown (Lawyers Weekly No. 10-042-18)
Court upheld witness intimidation conviction, holding District Court had jurisdiction where victim was potential witness. Affirmed conviction and sentencing.