Commonwealth v. McGrath (Lawyers Weekly No. 10-085-17)
Single justice's denial of leave to appeal is final and unreviewable; defendant cannot appeal gatekeeper ruling.
Weekly
In the Matter of a Grand Jury Investigation (Lawyers Weekly No. 10-086-17)
Attorney sought to block search of digital devices on privilege grounds. Supreme Judicial Court dismissed appeal as moot after search was completed.
In the Matter of an Application for a Criminal Complaint (Lawyers Weekly No. 10-088-17)
Police officer's petition for extraordinary relief denied where clerk-magistrate twice denied criminal complaint application and rehearing by judge remained available.
Commonwealth v. Robinson (Lawyers Weekly No. 10-087-17)
Gatekeeper appeal from denial of seventh motion for new trial dismissed; final, unreviewable nature of single justice gatekeeper decisions reaffirmed.
Deputy Chief Counsel for the Public Defender Division of the Committee for Public Counsel Services, et al. v. Acting First Justice of the Lowell Division of the District Court Department (Lawyers Weekly No. 10-084-17)
CPCS has sole statutory authority to assign counsel for indigent defendants. Judges cannot bypass this authority or categorically exclude CPCS attorneys, even in specialized drug courts.
Commonwealth v. Lopez (Lawyers Weekly No. 11-065-17)
Therapeutic mentor's testimony that child lacked imaginative play ability improperly admitted as implicit vouching for victim's credibility; conviction reversed.
Blanchard, et al. v. Steward Carney Hospital, Inc., et al. (Lawyers Weekly No. 10-082-17)
Anti-SLAPP statute applied to hospital's public statements about fired nurses. Court held statements to Boston Globe were protected petitioning but internal email was not. Broadened statutory protection for nonmoving parties' meritorious claims.
477 Harrison Ave., LLC v. JACE Boston, LLC, et al. (Lawyers Weekly No. 10-083-17)
Anti-SLAPP motion in property dispute between neighboring developers. Court held that while some petitioning activity lacked reasonable basis, abuse of process claim required remand for plaintiff to show claim was not primarily brought to chill legitimate petitioning.
Hyannis Anglers Club, Inc., et al. v. Harris Warren Commercial Kitchens, LLC (and a consolidated case) (Lawyers Weekly No. 11-063-17)
Appeals Court reverses on multiple damages in Consumer Protection Act case involving deceptive repair work that caused restaurant fire.
Nguyen v. Arbella Insurance Group (Lawyers Weekly No. 11-064-17)
Homeowner's insurance policy business pursuits exclusion barred coverage for claims arising from insured's police department employment.