Adoption of Talik (Lawyers Weekly No. 11-132-17)
Mother's parental rights terminated based on substance abuse, domestic violence, noncompliance with service plan, and failure to attend trial.
Weekly
Safety Insurance Company v. Chau, et al. (Lawyers Weekly No. 09-005-17)
Insurer's duty to defend triggered when negligent vehicle inspection alleged to cause accident, even though duty to indemnify must await trial outcome.
Rush v. FastCAP Systems Corporation, et al. (Lawyers Weekly No. 09-006-17)
Court denied attachment of bank accounts and real property in wage misclassification action at preliminary stage, finding factual record underdeveloped and equitable balance favoring defendants.
Casella Waste Systems, Inc., et al. v. Steadfast Insurance Company (Lawyers Weekly No. 09-008-17)
Insurer's motion for summary judgment denied in pollution coverage dispute where material factual disputes remained concerning prior knowledge of contamination and causation of regulatory claim.
Caper, et al. v. Foley & Lardner LLP, et al. (Lawyers Weekly No. 09-009-17)
Court denies motion to dismiss counterclaim alleging prospective client misrepresented his business success and entrepreneurial background when engaging law firm.
Cook v. Applause App Quality, Inc., et al. (Lawyers Weekly No. 09-007-17)
Court enjoins company from distributing stock-option agreement that conditions payment on release of pending wage claims, finding the communication misleading and coercive to putative class members.
Commonwealth v. Dobson (Lawyers Weekly No. 11-130-17)
Mother convicted of assault and battery with dangerous weapon for striking five-year-old child in face with leather belt. Parental discipline privilege did not apply; force was unreasonable.
Smith, et al. v. City of Westfield, et al. (Lawyers Weekly No. 10-155-17)
Municipal parkland protected by Article 97 even without recorded restrictions when clearly and unequivocally dedicated by municipality and publicly accepted through use.
Commonwealth v. Rakes (Lawyers Weekly No. 10-154-17)
Affirmed murder convictions of joint venturer in 1987 armed robbery and shooting based on sufficient grand jury evidence and admissible hearsay statements by coventure identifying defendant.
Commonwealth v. Leary (Lawyers Weekly No. 11-129-17)
Conviction for motor vehicle homicide while under the influence affirmed despite prosecutorial error in closing argument and trial judge's failure to instruct jury on lesser included offense.