City of Boston v. Boston Police Superior Officers Federation (Lawyers Weekly No. 10-155-13)
Police commissioner's statutory power to assign and transfer officers is nondelegable and cannot be delegated to arbitration even with employer consent.
Weekly
Golchin v. Liberty Mutual Insurance Company (Lawyers Weekly No. 10-149-13)
MedPay benefits under an auto policy are payable for medical expenses resulting from an accident even when those same expenses were paid by the insured's separate health insurance policy.
W.A. Wilde Company, Inc. v. Board of Assessors of Holliston (Lawyers Weekly No. 11-095-13)
Statute requiring assessors to prove assessed value in certain circumstances applies only when board previously made affirmative determination of fair cash value.
Commonwealth v. Huggins (Lawyers Weekly No. 11-096-13)
Affirmed. Defendant cannot challenge probable cause after conviction. Motion to dismiss complaint decided from complaint application without hearing unless Commonwealth consents.
Welch v. Barach, et al. (Lawyers Weekly No. 11-097-13)
Hedge fund investor's omission claim fails; 1999 landlord-tenant dispute too remote and personal to constitute material fact affecting investment decision under securities act.
Firearms Records Bureau v. Simkin, et al. (Lawyers Weekly No. 10-150-13)
Temporary nonresident firearms license: suitable person requirement applies; revocation must be supported by reasonable grounds; mere unusual lawful conduct insufficient absent regulatory guidance.
Commonwealth v. Mercado (Lawyers Weekly No. 10-148-13)
Court affirmed first-degree murder conviction on premeditation and cruelty theories despite insufficient evidence for felony-murder theory.
Faircloth, et al. v. DiLillo (Lawyers Weekly No. 10-145-13)
Judge erred in refusing to reduce medical malpractice bond based on attorney's agreement to advance costs. Proper standard examines plaintiff's offer of proof and reasonableness of pursuing the claim.
Cruz, et al. v. Siddiqi (Lawyers Weekly No. 10-146-13)
Indigent plaintiffs' motion to reduce medical malpractice bond denied solely because attorney was advancing costs, not based on sufficiency of proof or reasonableness of continued pursuit.
Commonwealth v. Bertini, et al. (Lawyers Weekly No. 10-147-13)
Buccal swab order for DNA testing remediable on direct appeal; interlocutory review properly denied under general superintendence power.