Silverwood Partners, LLC v. Wellness Partners, LLC (Lawyers Weekly No. 11-096-17)
Equitable estoppel bars company from litigating against nonsignatory when claims intertwined with arbitration agreement with signatories.
Weekly
Lunn v. Commonwealth, et al. (Lawyers Weekly No. 10-123-17)
Massachusetts courts lack authority to arrest and detain individuals based on federal civil immigration detainers. The removal process is civil, not criminal, and common law authorizes arrests only for criminal offenses.
Commonwealth v. Hampton (Lawyers Weekly No. 11-095-17)
Defendant convicted of child sexual assault. Trial judge erred admitting irrelevant evidence that defendant watched adult pornography, but conviction affirmed because error was not substantially prejudicial.
Commonwealth v. Hammond (Lawyers Weekly No. 10-122-17)
Woman convicted of statutory rape of three boys challenges confession, video evidence, and prosecutor's closing argument. Court upholds conviction. Sex offender registration statute does not violate due process at initial submission stage.
Baker, et al. v. Wilmer Cutler Pickering Hale and Dorr LLP, et al. (Lawyers Weekly No. 11-094-17)
Minority members' claims against company attorneys for orchestrating a merger to eliminate minority protections survive motion to dismiss. Counsel owed fiduciary duties despite lack of direct client relationship.
Strawbridge v. The Bank of New York Mellon (Lawyers Weekly No. 11-093-17)
Bank properly foreclosed when it held both mortgage and note through valid assignment from MERS and complied with statutory requirements.
Commonwealth v. Veiovis (Lawyers Weekly No. 10-121-17)
Murder convictions affirmed where circumstantial evidence supported jury's finding of defendant's knowing participation in joint venture to commit three murders.
Gund, et al. v. Planning Board of Cambridge, et al. (Lawyers Weekly No. 11-091-17)
Government-owned courthouse becomes preexisting nonconforming structure when transferred to private developer, eligible for special permit protection under zoning ordinance.
Commonwealth v. Biesiot (Lawyers Weekly No. 11-092-17)
Affirmed in part, reversed in part. Direct observation of defendant at crime scene sufficient for conviction; tag identification without comparative design evidence insufficient.
Barbuto v. Advantage Sales and Marketing, LLC, et al. (Lawyers Weekly No. 10-120-17)
Employee with Crohn's disease terminated for lawful medical marijuana use may bring handicap discrimination claim; employer must explore reasonable accommodations.