Cooper v. Keto (Lawyers Weekly No. 11-083-13)
Father contractually bound by silence to college expenses but contempt finding reversed due to ambiguity in divorce judgment language.
Weekly
Flood v. Commonwealth (Lawyers Weekly No. 10-116-13)
Interlocutory review denied where civil commitment petitioner claims trial deadline violated; speedy trial violations reviewable on final appeal.
Mostyn v. Department of Environmental Protection, et al. (Lawyers Weekly No. 11-081-13)
DEP properly approved seasonal kayak storage on a degraded coastal dune where strict performance standards would be met through replanting and monitoring over three years.
Commonwealth v. Correia (Lawyers Weekly No. 11-080-13)
Off-duty trooper's delivery of citation to defendant two days after violation, at end of trooper's first shift after returning to work, was timely under General Laws c. 90C, § 2.
Commonwealth v. Brown (Lawyers Weekly No. 11-079-13)
Defendant's statements during field sobriety test attempt were admissible because they resulted from his voluntary participation, not governmental compulsion, despite being testimonial.
Commonwealth v. Quinn (Lawyers Weekly No. 11-077-13)
Affirmed conviction for child rape. Therapist's testimony did not improperly vouch for victim's credibility. Rape shield statute precluded evidence of victim's pregnancy at disclosure.
Sears, Roebuck & Co., et al. v. Commissioner of Revenue (Lawyers Weekly No. 11-078-13)
Retailers cannot claim bad debt tax relief when a third-party bank extends credit and absorbs defaults, leaving the retailers unharmed.
Dow v. Casale (Lawyers Weekly No. 11-076-13)
Massachusetts Wage Act applies to nonresident employee based on choice-of-law analysis examining totality of employment relationship contacts with Massachusetts.
Depianti, et al. v. Jan-Pro Franchising International, Inc. (Lawyers Weekly No. 10-112-13)
Franchisor can be liable for worker misclassification without direct contract; failure to file with Attorney General does not deprive court of jurisdiction; modified control test applies to franchise relationships.
Commonwealth v. Middlemiss (Lawyers Weekly No. 10-113-13)
Victim's statements identifying the defendant as his shooter were admissible as excited utterances and dying declarations despite confrontation clause concerns.