Calvao, et al. v. Raspallo (Lawyers Weekly No. 11-128-17)
Condominium unit owner cannot build addition on exclusive-use common area without unanimous consent of all unit owners holding interest in that area.
Weekly
Brining v. Donavan (Lawyers Weekly No. 09-002-17)
Court denied board motion to dismiss shareholder derivative action, finding board's rejection of demand to sue former director lacked good faith despite forensic investigation documenting substantial misappropriation.
American Catalog Mailers Association, et al. v. Heffernan (Lawyers Weekly No. 09-003-17)
Trade associations challenging internet sales tax directive. Court held directive improperly issued without complying with Administrative Procedure Act requirements for regulatory adoption.
American Catalog Mailers Association, et al. v. Heffernan (Lawyers Weekly No. 09-004-17)
Court dismisses tax collection challenge as moot after department revokes directive and begins proper rulemaking process.
Commonwealth v. Shane S., a juvenile (Lawyers Weekly No. 11-126-17)
Juvenile charged with firearm possession appeals suppression denial. Court held no seizure occurred until physical contact; prior observation and questioning were lawful. Officers had reasonable suspicion based on suspicious movements and associations.
Commonwealth v. Green (Lawyers Weekly No. 11-127-17)
Defendant's confession to stealing $240 from murdered neighbors' home sufficiently corroborated by circumstantial evidence. Money stolen from building's protection, not personal custody.
Brown v. Woods Mullen Shelter/Boston Public Health Commission (Lawyers Weekly No. 09-001-17)
Court dismissed negligence claims for failure to present to executive officer as required by tort claims act. Civil rights claims under medical marijuana possession and equal protection survived summary judgment.
Koe v. Commissioner of Probation, et al. (Lawyers Weekly No. 10-153-17)
Sex offender denied sealing of criminal record under law prohibiting sealing by anyone ever classified as level two offender. Court held retroactive prohibition unreasonable as applied.
Young v. Young (and a consolidated case) (Lawyers Weekly No. 10-152-17)
Remanded. Wife's alimony limited to marital standard of living at separation, not anticipated future income growth. Percentage-based formula reversed.
Commonwealth v. Tremblay (Lawyers Weekly No. 11-125-17)
Miranda waiver valid despite defendant's alcohol consumption when videotape shows alert, coherent defendant answering questions responsively with specific details.