Commonwealth v. Sanchez (Lawyers Weekly No. 10-052-17)
Murder conviction affirmed where circumstantial evidence showed motive, proximity to victim's home, matching injuries, DNA evidence, and contradictory statements to police.
Weekly
State Board of Retirement v. Finneran, et al. (Lawyers Weekly No. 10-051-17)
Former House Speaker's pension forfeited for obstruction of justice conviction tied to false testimony about his role in redistricting process. Eighth Amendment excessive fines claim rejected.
Turner Construction Company v. MJ Flaherty Company (Lawyers Weekly No. 12-028-17)
Subcontract waiver of consequential damages bars recovery even if cardinal change in contract scope is proven.
Turner Construction Company v. MJ Flaherty Company (Lawyers Weekly No. 12-028-17)
Subcontractor's counterclaims for consequential damages dismissed despite cardinal change argument because subcontract explicitly waived indirect damages claims.
ABM Industry Groups, LLC v. Palmarozzo, et al. (Lawyers Weekly No. 12-035-17)
Non-compete agreement unenforceable where employer fails to prove protection of legitimate business interests or confidential information misuse.
Aiguier v. Financial Industry Regulatory Authority, Inc., et al. (Lawyers Weekly No. 12-029-17)
Superior Court lacks jurisdiction to order expungement of customer complaints from FINRA database. FINRA Rule 2080 is procedural only; no equitable authority exists absent statute or due process violation.
Taylor v. Moskow, et al. (Lawyers Weekly No. 12-030-17)
Court awards attorneys' fees to defendant whose sister sued derivatively for breach of fiduciary duty well after the three-year statute of limitations expired.
Bassett, et al. v. Triton Technologies, Inc., et al. (Lawyers Weekly No. 12-032-17)
Employees can sue under the Wage Act for unpaid Sunday premium pay required by statute, even though the original statute does not expressly authorize private suits.
Dorrian v. LVNV Funding, LLC; Newton v. LVNV Funding, LLC (Lawyers Weekly No. 12-034-17)
Debt buyer LVNV must be licensed as a debt collector under state law even though it uses licensed agents to contact debtors, because the statute covers both direct and indirect collection activity.
Hlatky v. Horowitz, et al. (Lawyers Weekly No. 12-033-17)
Court denies disqualification motion where employee failed to establish attorney-client relationship with company's counsel despite communications about workplace concerns.