Mount Vernon Fire Insurance Company v. Visionaid, Inc. (Lawyers Weekly No. 10-108-17)
Employment practices liability insurer's duty to defend does not include obligation to prosecute affirmative counterclaims on behalf of insured.
Weekly
Commonwealth v. George (Lawyers Weekly No. 10-107-17)
Affirmed civil commitment of sexually dangerous person where ASPD diagnosis, combined with institutional history of sexual misconduct and criminal record, supports finding of likely reoffense if unconfined.
Commonwealth v. Jones (Lawyers Weekly No. 10-106-17)
Murder conviction vacated due to trial judge's failure to require race-neutral explanation for prosecutor's peremptory challenge of African-American juror, despite prima facie showing of discrimination.
ABCD Holdings, LLC v. Hannon, et al. (Lawyers Weekly No. 12-068-17)
Court denies motion to dismiss counterclaims arising from post-bankruptcy conduct, finding trustee lacked authority to release claims never in bankruptcy estate.
Commonwealth v. Widener (Lawyers Weekly No. 11-079-17)
Defendant convicted of firearm possession. Motion to suppress denied; exit order justified by safety concerns. Underlying convictions affirmed but ACCA sentence vacated and remanded.
Aqua King Fishery, LLC v. Conservation Commission of Provincetown (Lawyers Weekly No. 11-081-17)
Municipal wetlands by-law prohibiting hydraulic dredging for sea clams is invalid; Wetlands Protection Act nonetheless applies to the fishing operation.
Commonwealth v. Saywhan (Lawyers Weekly No. 11-080-17)
Protective sweep of upstairs bedroom during arrest warrant execution was unconstitutional despite violent crime, where defendant was handcuffed, cooperative, and no evidence suggested others in home.
Geanacopoulos v. Philip Morris USA Inc. (Lawyers Weekly No. 12-070-17)
Court distributes 6.8 million dollars in residual settlement funds from tobacco lawsuit to Massachusetts IOLTA Committee and public health organizations, declining funding to organization with attorney connection.
The Gillette Company v. Provost, et al. (Lawyers Weekly No. 12-071-17)
Court denies motion to report interlocutory summary judgment decision where plaintiff conceded key design concepts were not confidential and failed to prove defendants misused proprietary information.
Bassett, et al. v. Triton Technologies, Inc., et al. (Lawyers Weekly No. 12-074-17)
Court certifies class action for unpaid overtime and Sunday pay violations against inside sales company, rejecting defendant's statute of limitations argument.