Williams, et al. v. Charles, et al. (Lawyers Weekly No. 11-122-13)
LLC members lack standing to sue derivatively without recorded agreed value for noncash contributions, and family relationship alone does not establish adverse interest.
Weekly
Waxman v. Waxman, et al. (Lawyers Weekly No. 11-119-13)
Wife seeks ownership of jointly held assets and husband's retirement account after his death during divorce proceedings; court awards condominium proceeds and auto but denies retirement account claim.
Commonwealth v. Viust (Lawyers Weekly No. 11-120-13)
Witness ordered to testify at murder trial after immunity granted, refused, and was held in summary contempt. Affirmed despite claims of anticipatory contempt.
Commonwealth v. Cumming (Lawyers Weekly No. 10-176-13)
Defendant's motion to correct unlawfully imposed parole supervision triggered restructuring of his entire sentencing scheme without violating double jeopardy, provided probation revocation penalties did not exceed remaining original sentence time.
Commonwealth v. Ortiz (Lawyers Weekly No. 10-177-13)
Defendant stipulated orally that substance was cocaine. Jury learned of stipulation only during judge's final instructions. Court held stipulation relieves Commonwealth of proving element beyond introduction of stipulation itself.
Commonwealth v. Ramsey (Lawyers Weekly No. 10-178-13)
Conviction affirmed where defendant stipulated to all elements of firearm and drug charges; admission of unchallenged certificates harmless beyond reasonable doubt.
Fraco Products, Ltd., et al. v. Bostonian Masonry Corporation (Lawyers Weekly No. 11-118-13)
Third-party manufacturer's indemnification claims against employer of injured employee barred by workers' compensation exclusivity and lack of derivative liability.
Adoption of Gabe (and one companion case) (Lawyers Weekly No. 11-117-13)
Father appealed adoption decree terminating his parental rights, arguing he was denied counsel. Court held newly announced constitutional right to appointed counsel applies retroactively to nonfinal cases.
Commonwealth v. Brown (Lawyers Weekly No. 10-175-13)
Physician's conviction for unlawful drug distribution affirmed. Judge's jury instructions used "dispensing" language but tracked distribution elements; jury convicted defendant of distribution despite instructional terminology.
Commonwealth v. Ortiz (Lawyers Weekly No. 11-115-13)
Improper police interrogation tactics, including false evidence claims and assurances of leniency, overbore suspect's will. All subsequent statements must be suppressed.