Paasch, et al. v. INVO Bioscience, Inc., et al. (Lawyers Weekly No. 12-150-16)
Default judgment against defaulting defendant improper where identical claims against co-defendants were dismissed for failure to state a claim.
Weekly
Commonwealth v. Powell (Lawyers Weekly No. 12-151-16)
Court allows defendant's motion for DNA testing of blood-stained baseball bat under Chapter 278A, finding motive evidence relevant to identifying alternate perpetrator.
Tavares v. Commonwealth (Lawyers Weekly No. 10-178-16)
Defendant challenged multiple bail orders as impermissible double or triple bail. Court affirmed denial of relief but allowed recovery of forfeited bail through Superior Court motion.
O’Donnell, et al. v. O’Donnell, et al. (Lawyers Weekly No. 12-148-16)
Estate dispute among deceased's children: court barred breach of fiduciary duty claim against trustee based on beneficiaries' failure to object to trust accountings disclosing the transactions, and found the claim time-barred.
In Re Civil Investigative Demand No. 2016-CPD-50 (Lawyers Weekly No. 12-149-16)
Attorney General's Civil Investigative Demand to firearms manufacturer regarding gun safety and product defects upheld despite manufacturer's claim it does not sell directly to consumers.
Commonwealth v. Bois (Lawyers Weekly No. 10-177-16)
Murder conviction affirmed despite inadequate presentation of insanity defense and improper prosecutorial argument; armed home invasion conviction vacated for insufficient evidence.
Rass Corporation v. The Travelers Companies, Inc., et al. (Lawyers Weekly No. 11-163-16)
Insurer breached duty to indemnify and violated consumer protection statute by refusing fair settlement contribution and reasonable attorney fees after acknowledging coverage for email-based defamation and trade disparagement claims.
Commonwealth v. Sylvester (Lawyers Weekly No. 10-176-16)
Defendant's guilty plea to indecent assault and battery need not be withdrawn based on counsel's failure to explain sex offender registration consequences as they existed in 2002.
Commonwealth v. Rocheleau (Lawyers Weekly No. 11-162-16)
Shackled defendant's trial conviction upheld as harmless error despite lack of particularized findings justifying physical restraints visible to jury.
Homeowner’s Rehab, Inc., et al. v. Related Corporate V SLP, L.P., et al. (Lawyers Weekly No. 12-143-16)
Court granted stay pending appeal in property dispute, enjoining sale of Cambridge real estate and tolling exercise period under 1997 option agreement.