Commonwealth v. Bryan (Lawyers Weekly No. 10-016-17)
Judge did not abuse discretion in declaring mistrial after defense counsel intentionally violated order excluding evidence of co-occupant's prior firearm conviction.
Lawyers
Commonwealth v. Edwards (Lawyers Weekly No. 10-015-17)
Officer lawfully stopped vehicle based on reliable witness report of armed individual combined with suspicious late-night conduct in high-crime area.
Morgan v. Massachusetts Homeland Insurance Company (Lawyers Weekly No. 11-005-17)
Insurance company properly considered retail book value in calculating total loss settlement. No Consumer Protection Act violation where insurer used multiple valuation sources.
Hanna v. Williams, et al. (Lawyers Weekly No. 12-181-16)
Superior court has jurisdiction over tortious interference with inheritance claims distinct from probate will contests and may proceed after probate settlement. Heirs need not prove the prior will valid to recover for intentional tortious conduct that reduced their expectancy.
Bridgeman, et al. v. District Attorney for the Suffolk District, et al. (Lawyers Weekly No. 10-014-17)
Court rejects global remedy for 20,000+ drug convictions tainted by rogue chemist; adopts three-phase protocol requiring adequate notice, appointed counsel, and prosecutor-led case review.
ABCD Holdings, LLC v. Hannon, et al. (Lawyers Weekly No. 12-172-16)
Guarantor's motion to dismiss liability cap denied; Chapter 93A claim survives despite contractual limitation. Motions to dismiss by non-signatory defendants granted for insufficient pleading of alter ego, fraudulent transfer, and reach-and-apply claims.
Commonwealth v. Caruso (Lawyers Weekly No. 10-013-17)
Murder conviction affirmed where defendant sent pipe bomb to ex-restaurant coworker. Jailhouse informant properly testified; computer evidence reliable; prior victim testimony satisfied confrontation clause.
Commonwealth v. Gernrich (Lawyers Weekly No. 10-011-17)
Deputy sheriff is not a police officer under statute prohibiting false crime reports. Reversed; judgment of not guilty entered.
Genentech v. Commissioner of Revenue (Lawyers Weekly No. 10-012-17)
Biotech company qualifies as manufacturer under tax law. Single-factor apportionment formula does not violate commerce clause; applies uniformly to all manufacturers.
Commonwealth v. Calvaire (Lawyers Weekly No. 10-010-17)
Dismissal date for incompetent defendant calculated using Superior Court maximum sentence regardless of court where prosecution pending; statute constitutional.