O’Malley v. Burr, et al. (Lawyers Weekly No. 09-031-18)
Lawyer sued for fraud and concealment dismissed on statute of limitations grounds; limitations period began when plaintiff learned of the alleged misrepresentations in November 2011.
Weekly
Mullins v. Corcoran, et al. (Lawyers Weekly No. 09-032-18)
Court rules on motions in limine and bifurcation in property development dispute between co-owners over breach of contract and fiduciary duty claims.
America’s Test Kitchen Inc. v. Kimball, et al. (Lawyers Weekly No. 09-033-18)
Privilege dispute between former Test Kitchen employees and investors competing with the company, addressing attorney-client privilege, common interest doctrine, and work product protection.
Cournoyer v. Department of State Police, et al. (Lawyers Weekly No. 11-037-18)
Former State police trooper medically retired in 2000 sought reinstatement; department required recruit training. Court held statute unambiguously grants colonel discretion to require academy training.
Commonwealth v. Langley (Lawyers Weekly No. 09-029-18)
Defendant charged with placing explosive devices in neighbor's yard. Court dismisses because Commonwealth presented no evidence that the bottles actually contained substances capable of ignition, only that defendant believed they would.
Butler v. Turco, et al. (and a companion case) (Lawyers Weekly No. 11-036-18)
Inmates challenged a prison incentive program that withdrew privileges for refusing treatment. Court affirmed that loss of housing seniority and jobs raised no constitutional concerns.
Commonwealth v. Escobar (Lawyers Weekly No. 10-048-18)
Reversed. Phrase anything of value in identity fraud statute limited to things with market or monetary value, not avoidance of prosecution.
Spencer v. Civil Service Commission, et al. (Lawyers Weekly No. 10-046-18)
Commissioner who resigned under pressure cannot revert to prior tenured civil service position absent involuntary termination.
Miranda v. A Justice of the Superior Court Department of the Trial Court (Lawyers Weekly No. 10-047-18)
Defendant cannot intervene in another defendant's unrelated criminal case to access postconviction discovery; proper remedy lies in discovery procedures for his own case.
Commonwealth v. Grundman (Lawyers Weekly No. 10-045-18)
Sentencing judge failed to announce mandatory GPS monitoring condition at sentencing hearing. Belated imposition more than sixty days later, after defendant lost right to withdraw plea, violated defendant's rights.