Massachusetts Teachers’ Retirement System v. Contributory Retirement Appeal Board, et al. (Lawyers Weekly No. 10-162-13)
Retirement system regulation charging buyback interest from date of service purchased is valid interpretation of silent statute.
Weekly
Commonwealth v. Marques (Lawyers Weekly No. 11-107-13)
Reversed motion to withdraw plea where Commonwealth failed to prove defendant received statutory immigration warning about admission to sufficient facts.
Sano, et al. v. Tedesco, et al. (Lawyers Weekly No. 11-108-13)
Balconies are individual unit components, but their support beams are common areas subject to shared maintenance costs despite serving only the balconies.
Commonwealth v. Galvin (Lawyers Weekly No. 10-159-13)
Defendant convicted and sentenced after Crime Bill reduced mandatory drug-trafficking minimums applies amendment retroactively to crimes committed before effective date.
Kelley, et al. v. Cambridge Historical Commission, et al. (Lawyers Weekly No. 11-105-13)
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Commonwealth v. Kindell (Lawyers Weekly No. 11-106-13)
Defendant denied right to cross-examine prosecution's sole witness about bias and motive to fabricate charge; reversal and new trial warranted.
Norfolk & Dedham Mutual Fire Insurance Company v. National Continental Insurance Company (Lawyers Weekly No. 11-099-13)
Insurance company's initial notice to the Registry of Motor Vehicles, containing a minor identification error but all required information, satisfies statutory requirement for timely cancellation notice.
Commonwealth v. Marte (Lawyers Weekly No. 11-100-13)
Affirmed convictions for four controlled cocaine purchases; reversed conviction for apartment seizure where erroneous drug certificate was sole evidence of composition.
Martinez Rivera et al. v. Commerce Insurance Company, et al. (Lawyers Weekly No. 11-101-13)
Consumer Protection Act damages for insurer's bad faith delay in settling claim; recoverable tort expenses and interest rate on wrongfully withheld funds.
Barnes v. Devlin (Lawyers Weekly No. 11-102-13)
Father liable for contempt when he unilaterally stopped paying child support obligations he voluntarily agreed to, notwithstanding statutory conditions.