Beacon Towers Condominium Trust v. Alex (Lawyers Weekly No. 10-005-16)
Arbitrator cannot award attorney's fees for frivolous defenses absent express party agreement, even under AAA rules permitting fees when authorized by law.
Weekly
Erickson v. Clancy Realty Trust, et al. (Lawyers Weekly No. 11-003-16)
Vacated and remanded. The 1903 decree discontinued only the grade crossings, not the entire public road, absent express discontinuance language.
Merrimack College v. KPMG LLP (Lawyers Weekly No. 11-002-16)
Arbitration clause in 2005 engagement letter does not apply retroactively to malpractice claims arising from services provided under prior separate annual contracts.
Downey, et al. v. Chutehall Construction Co. (Lawyers Weekly No. 11-001-16)
Homeowners sued a roofing contractor for installing a roof over three existing layers, violating the building code limit of two layers, despite claiming homeowner instructions.
Regency Transportation, Inc. v. Commissioner of Revenue (Lawyers Weekly No. 10-004-16)
Use tax on interstate trucking fleet held to comply with dormant commerce clause; unapportioned tax on vehicle purchases satisfied Complete Auto test.
Commonwealth v. Forlizzi (Lawyers Weekly No. 10-003-16)
Commonwealth appeal of order requiring disclosure of witness's prior cooperation as confidential informant. Affirmed; no exceptional circumstances warranted appellate review.
Commonwealth v. Depiero (Lawyers Weekly No. 10-002-16)
Anonymous 911 call reports erratic driving. Officer corroborates details through location matching and defendant's probation history. Stop justified by reasonable suspicion.
Magazu, et al. v. Department of Children and Families (Lawyers Weekly No. 10-001-16)
Department properly denied foster parent application based on applicants' use of corporal punishment, even though applicants agreed to comply with explicit prohibition on such discipline.
Afrasiabi v. Commonwealth (Lawyers Weekly No. 10-208-15)
Defendant's appeal of single justice's rejection of superintendence petition affirmed for noncompliance with Rule 2:21 and availability of adequate alternative remedy.
Commonwealth v. Gonzalez (Lawyers Weekly No. 10-207-15)
First-degree murder conviction affirmed where eyewitness identifications, DNA evidence, and flight contradicted defendant's weak alibi and uncalled witnesses.