Jones, et al. v. Boykan, et al. (Lawyers Weekly No. 10-016-13)
Default judgment for civil rights violations remanded for proper damages assessment where award lacked evidentiary support.
Weekly
Commonwealth v. Figueroa (Lawyers Weekly No. 11-021-13)
Grandmother convicted of reckless endangerment of child for preventing immediate medical care after infant suffered serious head trauma.
Chambers, et al. v. Gold Medal Bakery, Inc., et al. (Lawyers Weekly No. 11-020-13)
Family business stock purchase agreement with arbitration clause not superseded by later settlement agreement addressing corporate-record access; arbitration premature pending resolution of underlying dispute.
Weiler v. PortfolioScope, Inc., et al. (Lawyers Weekly No. 11-019-13)
Appeals court reversed judgment favoring software developer against PortfolioScope and its controlling shareholder over disputed entitlement to litigation settlement proceeds, holding secured creditor's prior interest took priority.
Commonwealth v. Perella (Lawyers Weekly No. 10-015-13)
Complaint filed within statute of limitations does not toll time for indictment in armed robbery case; indictment must be found and filed within ten years.
Commonwealth v. Housen (Lawyers Weekly No. 11-013-13)
Affirmed convictions for armed assault with intent to murder and multiple violations of abuse prevention order. Separate violation counts are not duplicative when defendant contacted different protected individuals.
Commonwealth v. DiGiambattista (Lawyers Weekly No. 11-014-13)
Appeal of conviction for indecent assault. Defendant's statements to police were voluntary despite detective's emotional appeals and minimization tactics, as long as no false factual claims were made.
Commonwealth v. Valentin V., a juvenile (Lawyers Weekly No. 11-015-13)
Reversed dismissal of delinquency complaints for threatening crime and witness intimidation; Commonwealth need not prove threatened victim actually heard threat when communicated through intermediary.
Shapiro, et al. v. City of Worcester (Lawyers Weekly No. 10-014-13)
Homeowners' nuisance claims against Worcester for sewage discharge not barred by presentment requirement applied retroactively or by municipal immunity provisions.
Commonwealth v. Avram A., a juvenile (Lawyers Weekly No. 11-018-13)
Restitution order affirmed where juvenile admitted to vandalism and agreed to pay restitution. Age alone does not excuse a child from restitution; juveniles can earn money through lawful part-time work.