Modica v. Sheriff of Suffolk County, et al. (Lawyers Weekly No. 10-079-17)
Correction officer's stress-induced heart palpitations from breaking up inmate fights do not constitute "bodily injury" entitling him to statutory supplemental compensation.
Suffolk
Suffolk Construction Company, Inc. v. Benchmark Mechanical Systems, Inc., et al. (Lawyers Weekly No. 12-045-17)
Contractor recovers mistakenly-paid subcontract funds through equitable subrogation doctrine, obtaining full surplus held by subcontractor's lender after judgment satisfaction.
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.
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.
Suffolk Construction Company, Inc. v. Benchmark Mechanical Systems, Inc., et al. (Lawyers Weekly No. 10-125-16)
Construction company seeks recovery of surplus after paying debt owed by subcontractor. Statute of limitations bars common-law claims but equitable claims for subrogation and unjust enrichment remain viable.
DiCarlo v. Suffolk Construction Co., Inc., et al. (Lawyers Weekly No. 10-019-16)
Workers' compensation insurers cannot assert liens against third-party damages allocated to pain and suffering, even where employees also receive workers' compensation benefits.
Skandha v. Clerk of the Superior Court for Civil Business in Suffolk County (Lawyers Weekly No. 10-168-15)
Mandamus petition denied where litigant failed to pursue alternative remedies before seeking extraordinary relief. Clerk acted improperly by rejecting motions without docketing them.
Bridgeman v. District Attorney for the Suffolk District, et al. (Lawyers Weekly No. 10-082-15)
Defendants who plead guilty in drug cases based on tainted analysis cannot face more serious charges or harsher sentences upon obtaining new trials.
Diatchenko, et al. District Attorney for the Suffolk District, et al.; Commonwealth v. Roberio (Lawyers Weekly No. 10-046-15)
Juveniles serving mandatory life sentences for first-degree murder entitled to appointed counsel, expert witness funding, and certiorari review in parole proceedings to ensure meaningful opportunity for release.
Flaherty v. Sheriff of Suffolk County, et al. (Lawyers Weekly No. 11-023-15)
Correction officer entitled to assault pay throughout workers' compensation period, even after retirement. Three-year statute of limitations bars only payments more than three years before suit.