New England Precision Grinding,l Inc. v. Simply Surgical, LLC, et al. (Lawyers Weekly No. 11-026-16)
Medical device supplier cannot revoke acceptance of goods after customer rejects them; contract terms control payment obligations.
Weekly
Commonwealth v. LaBrie (Lawyers Weekly No. 10-031-16)
Mother convicted of attempting to murder son by withholding cancer medication. Court reversed attempted murder conviction due to ineffective trial counsel and reversed assault charges for insufficient evidence.
Esler v. Sylvia-Reardon, et al. (Lawyers Weekly No. 10-032-16)
Nurse terminated for FMLA retaliation. Court reversed judgment n.o.v., finding evidence supported jury verdict. Front pay remains judicial function.
Katz, Nannis & Solomon, P.C., et al. v. Levine, et al. (Lawyers Weekly No. 10-033-16)
Parties cannot contractually expand the scope of judicial review of arbitration awards beyond the grounds specified in the Massachusetts Uniform Arbitration Act.
Commonwealth v. Royal (Lawyers Weekly No. 11-025-16)
Conviction reversed where state trooper's hearsay testimony about registry database check was sole evidence of license suspension, an essential element of the crime.
Insurance Company of the State of Pennsylvania v. Great Northern Insurance Company (Lawyers Weekly No. 10-030-16)
Employer cannot bar insurer's equitable contribution claim by selectively notifying only one of two workers' compensation insurers of an employee's injury.
Recinos v. Escobar (Lawyers Weekly No. 10-029-16)
Probate and Family Court has equity jurisdiction over immigrant youth aged eighteen to twenty-one to make special findings required for federal special immigrant juvenile status applications.
Frawley v. Police Commissioner of Cambridge (Lawyers Weekly No. 10-028-16)
Retired police officer entitled to identification card needed for concealed firearm rights when evidence shows he retired in good standing.
Evans v. Mayer Tree Service, Inc., et al. (Lawyers Weekly No. 11-024-16)
Vacated and remanded. Tree-destruction case where government field inspector mistakenly authorized removal without property owner's written permission required jury determination of whether agency policies limited statutory authority.
Williamson-Green v. Equipment 4 Rent, Inc. (Lawyers Weekly No. 11-023-16)
Affirmed punitive damages award against boom lift rental company for gross negligence resulting in death from unsafe equipment.