Commonwealth v. Soto (Lawyers Weekly No. 10-026-17)
Juvenile indicted for murder and related nonmurder offenses must be prosecuted entirely in Superior Court; nonmurder charges need not first proceed in Juvenile Court.
Weekly
Whittier IPA, Inc. v. Steward Health Care Network, Inc. (Lawyers Weekly No. 12-005-17)
Court denied healthcare network's motion to assert counterclaims against departing physician group and to sue hospital for tortious interference, finding proposed claims legally insufficient and untimely joinder unfair.
Barrasso v. New Century Mortgage Corporation, et al. (Lawyers Weekly No. 11-010-17)
Homeowner's quiet title action against mortgagees fails; estoppel bars challenge to first mortgage after loan modification; genuine factual disputes preclude summary judgment for second mortgagee.
Commonwealth v. Molina (Lawyers Weekly No. 10-023-17)
Child pornography convictions affirmed where police obtained evidence through corroborated IP address investigation and file-sharing program surveillance. Lascivious intent required for all child pornography statute violations.
Commonwealth v. Martinez (Lawyers Weekly No. 10-024-17)
Search warrant for apartment valid where police traced child pornography transmission through specific IP address to that residence via ISP subpoena, despite uncertainty about account holder's residency.
Ludwig v. Lamee-Ludwig (Lawyers Weekly No. 11-009-17)
Whether unvested stock options retained by employee-spouse under time rule can be included in alimony calculation without constituting double dipping.
Silva v. Todisco Services, Inc. (Lawyers Weekly No. 12-006-17)
Court denies tow company's motion to dismiss overcharge lawsuit; DPU regulations required itemized information; Consumer Protection Act permits suit without administrative exhaustion.
Commonwealth v. Fusi (Lawyers Weekly No. 11-008-17)
Reversed dismissal of sexually dangerous person petition; judge improperly rejected expert evidence at probable cause hearing.
Anderson, et al. v. National Union Fire Insurance Company of Pittsburgh PA, et al. (Lawyers Weekly No. 10-022-17)
Insurance company liable for unfair settlement practices; postjudgment interest excluded from amount multiplied for punitive damages under G.L. c. 93A.
Erecruit Holdings, LLC v. Willis Group Holdings, LLC (Lawyers Weekly No. 12-003-17)
Defendant's counterclaim alleging fraud and breach of contract survived motion to dismiss where allegations were plausibly detailed despite not identifying each speaker.