Commonwealth v. Brown (Lawyers weekly No. 11-039-17)
Defendant convicted of unlawfully possessing a loaded firearm requires proof defendant knew the gun was loaded.
Lawyers
254 Newbury, LLC v. Wabora Newton LLC, et al. (Lawyers Weekly No. 12-026-17)
Sushi restaurant tenant operating permitted use with existing equipment not in breach of lease for cooking odors. Nuisance claim rejected. Landlord improperly charged tenant for remediation costs.
A.L. Prime Energy Consultant, Inc. v. Massachusetts Bay Transportation Authority (Lawyers Weekly No. 12-027-17)
Court denied MBTA's motion to dismiss a fuel supplier's breach claim, finding allegations that the agency terminated the contract solely for a better price stated an abuse of discretion.
CMJ Management Company v. Wilkerson (Lawyers Weekly No. 11-038-17)
Juvenile's BB gun discharge constituted criminal activity justifying lease termination under Section 8 housing program, but tenant's jury demand was improperly struck without considering lesser sanctions.
Commonwealth v. Degnan (Lawyers Weekly No. 11-037-17)
Chief of staff's threats to void waste contract unless company donated truck constituted bribery; gratuity conviction vacated as duplicative.
Liberty Mutual Fire Insurance Company v. Casey, et al. (Lawyers Weekly No. 11-034-17)
Insurance exclusion for bodily injury expected or intended by insured applied where teenager punched and kicked victim multiple times, acts inherently certain to cause harm, and insured admitted he intended those acts.
Central Ceilings, Inc. v. Suffolk Construction Company, Inc., et al. (Lawyers Weekly No. 11-036-17)
Subcontractor's damages for productivity losses caused by general contractor's project mismanagement and breach of coordination obligations not barred by no-damages-for-delay clause where contractor precluded all time extensions.
Quarterman v. City of Springfield, et al. (Lawyers Weekly No. 11-035-17)
Retaliation claim against city upheld after mayor opposed liquor license application following employee's discrimination complaint. Lost profits damages eliminated.
Commonwealth v. Squires; Commonwealth v. Angier (Lawyers Weekly No. 10-050-17)
Conviction for possessing burglarious instruments reversed where Commonwealth failed to prove intent to use ordinary tools for burglary despite suspicious circumstances.
Leon v. Cormier (Lawyers Weekly No. 11-032-17)
Parent coordinator's binding decision enforceable as court order when parties consent in advance; contempt proper for repeated violations of coordinator's directives regarding custody exchanges and email communications.