Feeney, et al. v. Dell Inc., et al. (Lawyers Weekly No. 10-103-13)
Arbitration clause with class waiver in consumer contract invalidated where plaintiff proves claims are nonremediable in individual arbitration due to complexity and modest damages.
Weekly
Machado, et al. v. System4 LLC, et al. (Lawyers Weekly No. 10-104-13)
Class-action and damages waivers in arbitration clause: federal law preempts state policy favoring class actions, but statutory treble damages cannot be waived. Reversed in part; remanded.
Evans v. Lorillard Tobacco Company (Lawyers Weekly No. 10-102-13)
Affirmed in part, vacated in part, remanded. Jury properly found design and warning defects in Newport cigarettes under risk-utility analysis. Alternative design evaluation considered rational unaddicted consumers. Negligence findings vacated for instructional errors.
Commonwealth v. Parent (Lawyers Weekly No. 10-101-13)
Court vacates sexual assault conviction due to exclusion of prior inconsistent statements; reverses conviction for giving alcohol to defendant's own daughter; affirms furnishing alcohol to victim conviction.
Moore v. Town of Billerica (Lawyers Weekly No. 11-073-13)
Municipality immune from liability for child injured by baseball at playground; failure to extend protective netting not negligent maintenance under tort claims act.
Adoption of Cecily (Lawyers Weekly No. 11-074-13)
Parental rights terminated where mother witnessed father's abuse of infant but failed to protect her and refused to acknowledge evidence of inflicted injuries.
H.T. v. Commonwealth, et al. (Lawyers Weekly No. 10-100-13)
Crime victim lacks standing to challenge probation conditions requiring biological father to support child resulting from statutory rape. Family court matters subject to ordinary appeal.
Fraelick v. PerkettPR, Inc., et al. (Lawyers Weekly No. 11-071-13)
Employee fired days after complaining about unpaid business expense reimbursements states plausible Wage Act retaliation claim where employer condition payment of wages on employee advancing expense monies.
Plainville Asphalt Corp. v. Town of Plainville (Lawyers Weekly No. 11-072-13)
Nonconforming bituminous concrete use lost protection through nonuse exceeding two years; 1983 bylaw amendment permitting such loss applied.
Commonwealth v. Rousseau; Commonwealth v. Dreslinski (Lawyers Weekly No. 10-097-13)
GPS warrant supported by probable cause; passenger has standing to challenge surveillance; probation condition limiting computer access unconstitutionally broad; convictions affirmed with probation modification.