Defendants charged with firearm possession challenge Rule 36 speedy trial violation. Court dismisses indictments where Commonwealth failed to prove ballistics expert essential or unavailable.
Court denies suppression of two photographic identifications made within 30 minutes and one hour of arrest, finding good reason existed for one-on-one identification procedure in immediate aftermath of crime.
Municipal retirement board cannot unilaterally terminate part-time employee's membership once granted, absent one of the statutorily specified grounds for separation from service.
Consumer must serve demand letter under Chapter 93A unless defendant lacks place of business or assets in Massachusetts. "Or" means either condition suffices.
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of…
Mother convicted of assault and battery appealed denial of new trial motion based on victim's recantation. Court affirmed, finding judge properly rejected recantation and did not abuse discretion through pre-testimony warnings about perjury.
Insurance agency employee misused confidential customer data to aid boyfriend's witness intimidation. Appeals Court reversed summary judgment, holding agency owed duty to protect third parties from foreseeable misuse.
Warrantless vehicle search at correctional facility parking lot lacked probable cause and did not qualify as permissible administrative search absent written policy governing searches.
Federal FAAAA preemption of Massachusetts independent contractor statute partially severed; prong two preempted as applied to motor carriers; prongs one and three remain enforceable; summary judgment reversed; remanded.
Shareholder lacks standing to assert corporate claims and failed to establish equitable interest in funeral home property through rent payments alone.
