Commonwealth v. Kostka (Lawyers Weekly No. 11-089-14)
Commonwealth obtained order for non-suspect twin's DNA swab to prove fraternal status in murder case. Affirmed contempt judgment; Draheim standard satisfied.
Weekly
Pacific Indemnity Company, et al. v. Lampro, et al. (Lawyers Weekly No. 11-087-14)
Insurer's subrogation claim against contractor's liability carrier dismissed. Contractor's clear-cutting work damage excluded from policy as uninsurable business risk and non-occurrence.
The Woodward School for Girls, Inc. v. City of Quincy, et al. (Lawyers Weekly No. 10-129-14)
City of Quincy breached fiduciary duties as trustee of Adams and Charles Francis Adams Funds by failing to diversify investments and protect principal against inflation, though not required to follow specific investment advice.
Commonwealth v. Golding (Lawyers Weekly No. 11-086-14)
Defendant convicted of possessing machine guns during drug felony. Affirmed. Temporal gap between drug sale and firearm receipt does not defeat nexus requirement.
Commonwealth v. Fisher (Lawyers Weekly No. 11-084-14)
Police lawfully ordered defendant from vehicle during well-being check based on reasonable suspicion of drug possession arising from impairment and observed baggie.
USF Insurance Company v. Langlois, et al. (Lawyers Weekly No. 11-085-14)
Insurance exclusion applied to innocent coinsured when coinsureds' interests were inextricably intertwined and nonseverable despite arson by one party.
Watkins v. Commonwealth (Lawyers Weekly No. 10-128-14)
Juvenile charged with murder as adult seeks review of motion to dismiss. Court holds statutory forum transfer cannot be reviewed under G.L. c. 211, § 3 before trial.
Lu v. City of Boston, et al. (Lawyers Weekly No. 10-127-14)
State court properly dismissed declaratory judgment action attempting to circumvent federal appeal of adverse ruling on counsel disqualification.
Golrick v. U.S. Bank, N.A. (Lawyers Weekly No. 10-126-14)
Court affirmed denial of petition challenging disqualification of opposing counsel, finding adequate alternative remedy exists through normal appeal.
Commonwealth v. Baptista (Lawyers Weekly No. 11-083-14)
Affirmed convictions and sentence increase for child rape and assault. Rule 29(a) revision with stated reasons did not violate due process or chill appellate rights.