Commonwealth v. Jordan (Lawyers Weekly No. 11-085-17)
Murder investigation; search warrant for cellular phone records. Court affirmed suppression of text messages, reversed suppression of location data.
Weekly
Commonwealth v. Martin (Lawyers Weekly No. 11-084-17)
Warrantless police entry into residence following flight from civil marijuana possession stop held unconstitutional absent probable cause for more serious crime or genuine emergency aid circumstances.
NTV Management, Inc. v. Lightship Global Ventures, LLC, et al. (Lawyers Weekly No. 12-080-17)
Investment banking dispute over whether consultant earned fees for sourcing acquisition financing. Summary judgment granted on success fee claim; denied on advisory fee claim.
Walker, et al. v. Boston Medical Center Corp., et al. (Lawyers Weekly No. 12-081-17)
Patients lacked standing to sue over potentially exposed medical records where no evidence showed their information was actually accessed or misused by unauthorized persons.
FBT Everett Realty, LLC v. Massachusetts Gaming Commission (Lawyers Weekly No. 12-082-17)
Gaming Commission held to be public employer immune from tortious interference claim under Massachusetts Tort Claims Act.
Philadelphia Indemnity Insurance Company v. National Union Fire Insurance Company of Pittsburgh, PA (Lawyers Weekly No. 12-083-17)
Workers' compensation insurer had no duty to defend directors in wrongful death civil action because policy covers only statutory benefits, not tort damages.
McEvoy v. Savings Bank Life Insurance Co. of Massachusetts (Lawyers Weekly No. 12-084-17)
Superior Court denies preliminary injunction to stop policyholder vote on converting stock life insurance company to mutual company owned by policyholders.
Marks v. M.C. LLC (Lawyers Weekly No. 12-079-17)
Class action alleging Jiffy Lube's 5,000-mile oil change recommendation was misleading. Court dismissed but allowed amendment when plaintiff failed to allege normal driving conditions.
Mullins v. Colonial Farms Ltd., et al. (Lawyers Weekly No. 12-077-17)
Court determines unpaid incentive management fees owed under partnership agreements, applying 20% cap to cash flow and addressing reserve deduction disputes.
Spinazola v. Mass. Environmental Associates, Inc., et al. (Lawyers Weekly No. 12-078-17)
Judgment assignment valid despite assignee's prior representation of debtor; no confidential information misused; no public policy violation.