Alves v. Massachusetts State Police, et al. (Lawyers Weekly No. 11-001-17)
Issue preclusion bars relitigation of probable cause findings from federal civil rights suit in subsequent state negligence action.
Lawyers
Correa v. Schoeck, et al. (Lawyers Weekly No. 12-182-16)
Pharmacy owes no duty to notify prescribing physician of insurance coverage denial where it expressly instructs patient to contact physician directly.
Commonwealth v. Antone (Lawyers Weekly No. 11-002-17)
Defendant convicted of cocaine trafficking after guilty plea denied motion to vacate based on chemist misconduct where substantial independent evidence and significant sentence reduction supported plea.
Hanna v. Williams, et al. (Lawyers Weekly No. 12-181-16)
Court denied motions to dismiss tort claims arising from alleged wrongful interference with elderly woman's will and inheritance expectations, distinguishing probate proceedings from separate tort liability.
Commonwealth v. Resende (Lawyers Weekly No. 10-003-17)
Acquittal of felony-murder at second trial does not invalidate armed home invasion and assault convictions from first trial; different juries need not reach consistent verdicts.
Commonwealth v. Maguire (Lawyers Weekly No. 10-002-17)
Detective testified to disgust and concern for victims, but not personal shock. No evidence actual victims noticed or reacted. Vicarious concern insufficient for lewdness conviction.
DeVito, et al. v. Longwood Security Services, Inc., et al. (Lawyers Weekly No. 12-169-16)
Unpaid meal breaks during which security officers remained on duty constitute compensable working time under the "relief from duties" test in Massachusetts regulations, not the federal "predominant benefit" standard.
MMA Lincoln Gardens, LLC, et al. v. Lancaster (Lawyers Weekly No. 12-179-16)
Court denies motion to dismiss counterclaims in consolidated partnership disputes, finding procedural bar inapplicable and substantive allegations sufficient.
Ilex Investments LP, et al. v. Bitran, et al. (Lawyers Weekly No. 12-178-16)
Investors lost $1.5 million in fraudulently managed hedge funds. Court denied summary judgment because reasonable reliance remains a jury question despite plaintiff's investment sophistication.
Commonwealth v. Peterson (Lawyers Weekly No. 10-001-17)
School zone statute does not apply to drug offender who was passenger in vehicle momentarily stopped by red light adjacent to public park.