Kiely v. Teradyne, Inc. (Lawyers Weekly No. 11-063-14)
Retaliation verdict upheld but punitive damages vacated; attorney's fees denied where plaintiff recovered no relief.
Weekly
Cahaly, et al. v. Benistar Property Exchange Trust Company, Inc., et al. (Lawyers Weekly No. 11-062-14)
Work product doctrine does not protect factual information from discovery when facts are central to parties' claims and contradict asserted defense.
Aldrich, petitioner (Lawyers Weekly No. 10-094-14)
Habeas corpus petition denied where alleged transcription error in jury verdict can be remedied through ordinary appellate process.
Commonwealth v. Hourican (Lawyers Weekly No. 11-060-14)
Breathalyzer test results with .022 differential fail to meet regulatory .02 tolerance requirement; regulation ambiguous, suppression warranted.
Certain Interested Underwriters at Lloyds, London v. LeMons, et al. (Lawyers Weekly No. 11-061-14)
Court affirmed insurer's summary judgment that assault and battery exclusion barred coverage for tavern's negligent security liability.
LeBaron v. Commonwealth (Lawyers Weekly No. 10-093-14)
Sex offender's petition for extraordinary relief denied where claimed trial errors were properly raised in pending direct appeal.
Commonwealth v. Jones-Pannell (Lawyers Weekly No. 11-059-14)
Officers observed man at midnight with hand inside pants in area with documented gang and gun activity; evasion of police justified investigative stop.
Twomey, et al. v. Town of Middleborough, et al. (and a companion case) (Lawyers Weekly No. 10-092-14)
Board of selectmen, not town meeting, has authority to set HMO premium contribution percentages for retired municipal employees under G.L. c. 32B, § 16.
Commonwealth v. Dacosta (Lawyers Weekly No. 11-058-14)
Breathalyzer test showing .09 percent alcohol level, administered fifty-five minutes after operation, sufficient to prove per se violation without retrograde extrapolation evidence.
Commonwealth v. Wright (Lawyers Weekly No. 11-056-14)
Traffic stop with drug conviction affirmed where officer had reasonable suspicion based on expired identification, vehicle registration mismatch, and occupants' prior drug convictions.