Commonwealth v. Burgos (Lawyers Weekly No. 10-187-14)
Murder conviction reversed where police secretly recorded jailhouse conversation with informant without establishing requisite nexus to organized crime under wiretap statute.
Weekly
Fernandes v. Attleboro Housing Authority (Lawyers Weekly No. 10-186-14)
Housing authority employee may sue in Superior Court under Wage Act for misclassification and retaliatory discharge, despite civil service protections; reinstatement unavailable remedy.
Commonwealth v. Ford (Lawyers Weekly No. 11-151-14)
Appeals Court reverses dangerous weapon conviction where evidence showed defendant was arrested for robbery, not on warrant, and knife was discovered after arrest.
Kelley, et al. v. Boston Fire Department, et al. (Lawyers Weekly No. 11-150-14)
Fire lieutenants' appeal of civil service appointment procedures remanded to commission; city's appeal of remand order dismissed as premature.
Commonwealth v. Reade (Lawyers Weekly No. 10-185-14)
Appeal dismissed for failure to timely file notice of appeal to SJC within seven days of single justice judgment denying petition for appointed counsel.
Downey, et al. v. Chutehall Construction Co., Inc., et al. v. The Follett Company, Inc. (Lawyers Weekly No. 11-149-14)
Roofing contractor's report that roof was installed over wet insulation held conditionally privileged when made to investigate source of leaks.
Subcontracting Concepts, Inc. v. Commissioner of the Division of Unemployment Assistance, et al. (Lawyers Weekly No. 11-147-14)
Driver classified as employee despite independent contractor contract; employer exercised substantial control and worker depended on single client.
Cape Cod Shellfish & Seafood Company, Inc., et al. v. City of Boston, et al. (Lawyers Weekly No. 11-148-14)
Wholesale seafood firms remained on leased Massport property after lease expiration, continuing to pay rent under holdover provision. Court held companies remained liable for real estate taxes as lessees during holdover period.
Commonwealth v. Thompson (Lawyers Weekly No. 10-184-14)
Drug distribution conviction upheld; school zone statute amendment does not apply retroactively to convictions entered before effective date.
Haskins v. Deutsche Bank National Trust Company, et al. (Lawyers Weekly No. 11-146-14)
Mortgage servicer's cure notice identifying itself as mortgagee satisfied statutory requirements despite separate record title holders.