Commonwealth v. Baker (Lawyers Weekly No. 11-052-17)
Deviations from sobriety checkpoint operational plan do not render roadblock unconstitutional if they introduce no arbitrariness into vehicle screening.
Lawyers
Schumacher v. Commonwealth (Lawyers Weekly No. 10-065-17)
Temporary commitment to treatment center pending probable cause hearing does not warrant emergency interlocutory review when claims can be raised on appeal.
Pare v. Harmony House, Inc. (Lawyers Weekly No. 10-066-17)
Supreme Judicial Court affirms denial of petition challenging an Appeals Court decision regarding appeal bond waiver, finding inadequate record and failure to preserve arguments.
Afrasiabi v. Commonwealth (Lawyers Weekly No. 10-067-17)
Defendant's petition for extraordinary relief denied for failure to comply with procedural requirements and lack of merit; discovery and recusal issues adequately reviewable on direct appeal.
Howell v. Brockton Division of the District Court Department (Lawyers Weekly No. 10-068-17)
Appellant failed to demonstrate why interlocutory ruling required immediate review rather than appeal from final judgment or other available remedies.
Cucinelli v. Commonwealth (Lawyers Weekly No. 10-069-17)
Appellate Division sentence increase beyond direct appeal reach; superintendence review properly denied where Legislature made decision final and adequate alternative remedy existed.
Adoption of Bianca (Lawyers Weekly No. 11-050-17)
Termination of parental rights affirmed where mother's substance abuse and father's domestic violence endangered child; adoption plan chosen over guardianship for stability.
Skye v. Hession (Lawyers Weekly No. 11-049-17)
Quitclaim deed reserving life estate and special power of appointment valid where remainder interests conveyed were defeasible and limited by the reserved power from inception.
The Hanover Insurance Group, Inc. v. Raw Seafoods, Inc. (Lawyers Weekly No. 11-048-17)
Scallop damage caused by unknown failure during processing constitutes an "occurrence" under liability policy when negligence was established and damage was unforeseeable.
Liberty Mutual Insurance Co. v. Peoples Best Care Chiropractic and Rehabilitation, Inc., et al. (Lawyers Weekly No. 12-047-17)
Massachusetts court enforces Illinois class action settlement on insurance reimbursement rates, holding settlement binds non-opting-out defendants under Full Faith and Credit Clause.