Copley Place Associates, LLC v. Téllez-Bortoni (Lawyers Weekly No. 11-029-17)
Fraud claim against restaurant lease operator vacated. Landlord failed to prove detrimental reliance on false representations of officer status.
Weekly
In the Matter of N.L. (Lawyers Weekly No. 10-044-17)
Civil commitment and involuntary medication hearings require judges to grant first continuance requests when denial would prejudice defense preparation.
Patriot Power, LLC v. New Rounder, LLC, et al. (Lawyers Weekly No. 11-027-17)
Party seeking to terminate lease bears burden of proving it properly exercised termination option when lease automatically renews unless timely notice given.
Commonwealth v. DePina; Commonwealth v. Monteiro (Lawyers Weekly No. 10-043-17)
Murder conviction affirmed where trial judge properly admitted grand jury testimony of witness claiming memory loss, finding feigned memory loss and no coercion after observing witness over multiple hearings.
Patriot Power, LLC v. New Rounder, LLC, et al. (Lawyers Weekly No. 11-027-17)
Tenant must prove it satisfied lease termination requirement when contract automatically renews unless party takes affirmative steps to end it.
City of Revere, et al. v. Massachusetts Gaming Commission (Lawyers Weekly No. 10-042-17)
Gaming license award challenged by unsuccessful applicant. Certiorari review available despite statutory bar to judicial review. Disappointed applicant has standing; host city and union do not. Open meeting law violations properly survived dismissal.
Commonwealth v. Crowley-Chester (Lawyers Weekly No. 10-041-17)
Impoundment of lawfully parked vehicle in high-crime area improper without additional factors showing reasonable necessity to prevent theft, vandalism, or public danger.
Commonwealth v. Abdul-Alim (Lawyers Weekly No. 11-026-17)
Defendant's wife provided reliable tip about his firearm possession. Police had probable cause to arrest defendant based on wife's information and corroborating details. Search lawful under probable cause.
Brady, et al. v. Citizens Union Savings Bank, et al. (Lawyers Weekly No. 11-025-17)
Court affirms fee award to trustees defending litigation brought by beneficiary, rejecting arguments that fees were unreasonable or excessive relative to trust assets.
Commonwealth v. Tuschall (Lawyers Weekly No. 10-040-17)
Police entered apartment without warrant based on chemical odor complaint and missing girlfriend theory. Court held warrantless entries violated Fourth Amendment; evidence and statements properly suppressed.