DaRosa, et al. v. City of New Bedford (Lawyers Weekly No. 10-081-15)
Work product prepared in anticipation of litigation by or for a city falls within the public records law's policy deliberation exemption, protecting it from disclosure.
Weekly
Bowers v. P. Wile’s, Inc. (Lawyers Weekly No. 11-049-15)
Store owner premises liability; mode of operation approach applies to self-service merchandise displays regardless of whether hazard involves items for sale.
Maryland Casualty Company, et al. v. NSTAR Electric Company, et al. (Lawyers Weekly No. 10-079-15)
Electric utility's tariff-approved limitation on liability for special, indirect, or consequential damages bars insurance subrogees' claims for business interruption despite allegations of gross negligence.
Goduti v. City of Worcester (Lawyers Weekly No. 11-048-15)
Foreclosure by entry mortgagee waived right to foreclose by accepting mortgage payments during three-year ripening period; city properly assessed taxes to occupant.
Commonwealth v. Vaughn (Lawyers Weekly No. 10-078-15)
Murder conviction affirmed where defendant failed to establish newly discovered evidence, prosecutorial misconduct, or ineffective assistance claims.
Commonwealth v. Rarick (Lawyers Weekly No. 11-047-15)
Appeals Court affirmed conviction for operating under the influence where officer observed speeding, odor of alcohol, and glassy eyes; consumption of six beers and impaired driving capacity established.
Commonwealth v. Norman (Lawyers Weekly No. 11-046-15)
Sufficiency of evidence for OUI conviction while license suspended; notice of suspension proven through defendant's admission, suspension notice in RMV files, and testimony regarding RMV mailing system.
Commonwealth v. Brescia (Lawyers Weekly No. 10-077-15)
Defendant convicted of murder after testimony spanning two trial days, with undetected stroke occurring between days affecting his second-day testimony. New trial affirmed.
Adoption of a Minor (Lawyers Weekly No. 10-076-15)
Married same-sex couple need not notify sperm donor when adopting their biological child conceived through in vitro fertilization.
Christakis v. Jeanne D’Arc Credit Union, et al. (Lawyers Weekly No. 10-075-15)
Judicial liens perfected before bankruptcy survive discharge unless the bankruptcy court avoids them. Federal law distinguishes between discharged personal liability and enforceable property liens.