Commonwealth v. Castano (Lawyers Weekly No. 10-158-17)
Murder conviction affirmed where overwhelming evidence of premeditation and guilt rendered harmless any constitutional error in admitting postinvocation statements about the firearm.
Weekly
Commonwealth v. Jones (Lawyers Weekly No. 10-156-17)
Affirmed convictions for sexual abuse of daughters. Defendant failed to establish good cause for pretrial discovery of privileged mental health records and failed to show bias or perception issues warranting cross-examination about prior conduct.
Flor v. Flor (Lawyers Weekly No. 11-131-17)
Wife who reserved alimony rights may modify judgment after child's emancipation creates material change in circumstances. Award affirmed.
DeOliveira v. Liberty Mutual Insurance Company (Lawyers Weekly No. 09-016-17)
Insured stated valid claims for MedPay coverage under auto policy despite prior health insurance payment, following Appeals Court precedent that medical expenses were incurred under policy language.
O’Donnell v. Davidson, et al. (Lawyers Weekly No. 09-010-17)
Minority shareholder's direct claim for breach of fiduciary duty survives dismissal where majority shareholders made share purchase offer but withheld material financial information and withdrew offer when shareholder requested disclosure.
Greenberg, et al. v. Barros (Lawyers Weekly No. 09-011-17)
Investors exercised option to acquire 80% membership interests in LLC after contractual conditions were met. Court granted summary judgment, ordering sole member-manager to amend operating agreement to reflect new ownership.
Boston Scientific Corporation v. Takaahashi, et al. (Lawyers Weekly No. 09-012-17)
Court denied preliminary injunction against former employees and their new employer where plaintiff failed to show proprietary information was taken or irreparable harm threatened.
Stone v. Remillard (Lawyers Weekly No. 09-014-17)
Shareholder derivative action; preliminary injunction granted against co-owner retaining unauthorized control of company accounts and negotiating secret sales.
Mooney, et al. v. Diversified Business Communications, et al. (Lawyers Weekly No. 09-015-17)
Former client seeks to disqualify law firm under current-client conflict rule. Court holds prior representation ended; no substantial relationship to current litigation.
Kelly v. Waters Corporation, et al. (Lawyers Weekly No. 09-013-17)
Court dismisses fraud and consumer protection claims as time barred; remaining contract claims dismissed without prejudice due to mandatory forum selection clause in asset purchase agreement.