Bryan Corporation v. Abrano (Lawyers Weekly No. 10-080-16)
Law firm violated duty of loyalty by representing corporation and its shareholders simultaneously without consent when their interests were directly adverse.
Lawyers
Commonwealth v. Broom (Lawyers Weekly No. 10-079-16)
Murder conviction affirmed. Cell site data warrant issue deemed not retroactive. Cell phone search erroneous but harmless. Juror note handling error harmless.
Commonwealth v. Resende (Lawyers Weekly No. 10-077-16)
Convictions resolved in a single prosecution count as one predicate offense under armed career criminal statute, even if offenses occurred on separate dates.
Commonwealth v. Hartfield (Lawyers Weekly No. 10-078-16)
Probationer's right to call witnesses in defense is distinct from right to confront witnesses whose hearsay is admitted. Judge erred in barring alleged victim's testimony solely because her hearsay was admitted.
Fergus v. Ross (Lawyers Weekly No. 11-066-16)
Private lender liable for agent's unauthorized side loan when lender's conduct caused borrower to reasonably believe agent had authority to bind principal.
National Grid USA Service Company, Inc. v. Commissioner of Revenue (Lawyers Weekly No. 11-065-16)
Closing agreement between taxpayer and IRS does not bind state's determination of allowable deductions under Massachusetts corporate excise tax statute.
National Grid Holdings, Inc., et al. v. Commissioner of Revenue (Lawyers Weekly No. 11-064-16)
Deferred subscription arrangements structured as stock repurchases did not constitute indebtedness under Massachusetts corporate tax law where the key contractual language was ambiguous regarding the mandatory nature of share repurchase obligations.
Commonwealth v. Locke (and a companion case) (Lawyers Weekly No. 11-063-16)
Court affirms suppression where marijuana odor, nervousness, and rental agreement discrepancy failed to establish probable cause to search vehicle.
Commonwealth v. Lyons (Lawyers Weekly No. 11-062-16)
Postconviction DNA motion denied prematurely without discovery. Court vacates, remands for inspection of hair evidence and assessment of chain of custody.
Peterborough Oil Company, LLC v. Department of Environmental Protection (Lawyers Weekly No. 10-076-16)
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