Commonwealth v. Leslie (and five companion cases) (Lawyers Weekly No. 10-072-17)
Warrantless search of multifamily home's side yard violated Fourth Amendment. Side yard curtilage entitled to constitutional protection regardless of housing type.
Lawyers
Comeau’s Case (Lawyers Weekly No. 11-053-17)
Interest on unpaid workers' compensation benefits accrues from the filing date of the claim that led to an award, not an earlier terminated claim.
CC&F Wells-First Managing Member, LLC v. RCG LLP 135 Wells, LLC (Lawyers Weekly No. 12-050-17)
Joint venture member's motion to enjoin sale of property pending appeal of adverse zoning decision denied. Contractual sale right not constrained by regulatory uncertainty.
Airport Fuel Services, Inc. v. Martha’s Vineyard Airport Commission, et al. (Lawyers Weekly No. 12-051-17)
Airport commission's award of lease to higher bidder was not arbitrary or capricious despite ambiguous sample evaluation form in RFP.
A.L. Prime Energy Consultant, Inc. v. Massachusetts Bay Transportation Authority (Lawyers Weekly No. 12-052-17)
Superior Court reports to Appeals Court the novel question of whether government agencies may invoke termination-for-convenience clauses in procurement contracts to purchase goods elsewhere at lower prices.
Easy Access Distribution, Inc. v. Potter, et al. (Lawyers Weekly No. 12-053-17)
Court denies preliminary injunction against former employee and competitor absent evidence of valid non-compete agreement or misappropriated trade secrets.
Commonwealth v. Fulgiam (and 13 companion cases) (Lawyers Weekly No. 10-071-17)
Murder convictions affirmed where cell site data was properly obtained and text message evidence, though unlawfully obtained, did not create substantial likelihood of miscarriage of justice given strong fingerprint and circumstantial evidence.
Commonwealth v. Baker (Lawyers Weekly No. 11-052-17)
Sobriety checkpoint constitutional despite minor operational plan deviations where none introduced discretion into vehicle stops.
Commonwealth v. Colton (Lawyers Weekly No. 10-070-17)
SJC affirms first-degree murder conviction for stabbing death. Statement to police held voluntary despite defendant's mental condition. Bat and knives admissible on premeditation theory.
Cape Cod Collaborative v. Director of the Department of Unemployment Assistance, et al. (Lawyers Weekly No. 11-051-17)
School bus driver entitled to partial unemployment benefits for days off during Thanksgiving recess when the week did not commence during the holiday period.