Commonwealth v. Lally (Lawyers Weekly No. 10-027-16)
Murder conviction affirmed where DNA evidence errors were harmless and trial counsel's strategic decisions were reasonable.
Weekly
Kim v. Rosenthal (Lawyers Weekly No. 10-026-16)
Eviction judgment upheld where petitioner failed to exhaust adequate remedies before seeking extraordinary relief for alleged fraud in prior foreclosure proceedings.
Sewall-Marshal Condominium Association v. 131 Sewall Avenue Condominium Association (Lawyers Weekly No. 11-022-16)
Parking agreement between neighboring condominiums enforced as valid contract despite condominium statute claims and unconscionability defense.
Bulwer v. Mount Auburn Hospital, et al. (Lawyers Weekly No. 10-025-16)
Summary judgment improper in employment discrimination case where conflicting evaluations, disparate treatment of similarly situated employees, and procedural violations raise jury questions about pretext.
Commonwealth v. Dragotta (and one companion case) (Lawyers Weekly No. 11-021-16)
Mother and boyfriend convicted of inflicting multiple fractures on five-week-old infant. Sufficiency of evidence and expert testimony issues affirmed on appeal.
Blanchard, et al. v. Steward Carney Hospital, Inc., et al. (Lawyers Weekly No. 11-020-16)
Statements to newspaper constituted protected petitioning activity under anti-SLAPP statute where made in response to union's media statements and designed to influence ongoing regulatory licensing investigation. Internal email to hospital staff did not qualify.
Commonwealth v. Coggeshall (Lawyers Weekly No. 10-024-16)
Reckless endangerment of child statute requires subjective awareness of risk. Probable cause existed despite intoxication where defendant knowingly walked tracks with child.
Clark, et al. v. Leisure Woods Estates, Inc. (Lawyers Weekly No. 11-019-16)
Manufactured housing residents recovered damages for breach of covenant of quiet enjoyment and violations of Consumer Protection Act regulations governing road maintenance and home site conditions.
Commonwealth v. Zammuto (Lawyers Weekly No. 11-018-16)
District Court properly tried defendant in absentia after he failed to appear mid-trial without good cause. Civil rights conviction affirmed despite retaliation claim.
Commonwealth v. Chamberlin (Lawyers Weekly No. 10-023-16)
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