Commonwealth v. Tavares (Lawyers Weekly No. 11-059-15)
Circumstantial evidence sufficiently established identity and knowledge in counterfeit currency case based on identical bills, proximity, timing, and consciousness of guilt.
Weekly
Nantasket Beachfront Condominiums, LLC v. Hull Redevelopment Authority (Lawyers Weekly No. 11-058-15)
Developer in breach for failing to resume extension deposit payments after zoning appeal resolved. Authority's right to terminate and retain deposits upheld despite board member conflicts of interest.
Commonwealth v. Freeman (Lawyers Weekly No. 11-057-15)
Detective observed exchange of small object for money, preceded by suspect counting cash with known drug user in area with recent drug complaints.
Petriello v. Indresano (Lawyers Weekly No. 11-056-15)
Power of attorney grants standing to seek harassment order; but record lacks three specific acts of harassment required by statute.
OneBeacon America Insurance Company v. Narragansett Electric Company v. American Home Assurance Company, et al. (Lawyers Weekly No. 11-055-15)
Environmental insurance coverage dispute involving contamination at multiple sites. Court applies Massachusetts statute of limitations to breach of contract claims and reverses certain summary judgments where material fact questions existed regarding insurer disclaimers.
Monell, et al. v. Boston Pads, LLC, et al. (Lawyers Weekly No. 10-090-15)
Independent contractor statute does not apply to licensed real estate salespersons; real estate licensing statute's specific authorization of independent contractor relationships controls over general wage law presumption.
Commonwealth v. Alcantara (Lawyers Weekly No. 10-089-15)
Murder conviction affirmed where DNA and eyewitness testimony established defendant's guilt despite his claims of police inadequacy and third-party culprit evidence.
Commonwealth v. Pagan (Lawyers Weekly No. 10-088-15)
Judge properly reduced first-degree murder verdict to second-degree murder where evidence of deliberate premeditation was slim and defendant's youth, untreated mental illness, and troubled background pointed to lesser culpability.
Pisano v. Pisano (Lawyers Weekly No. 11-054-15)
Premarital agreement limiting husband's alimony claims to marital property upheld; reimbursement of temporary alimony vacated as improper application of unjust enrichment doctrine.
Walter E. Fernald Corporation v. The Governor, et al. (Lawyers Weekly No. 10-087-15)
Charitable corporation retains ownership of land parcels purchased with its own funds despite Commonwealth's later statutory assertion of ownership. Sovereign immunity does not bar quiet title actions.