Mar-Lees Seafood LLC, et al. v. Lees, et al. (Lawyers Weekly No. 12-144-16)
Breach of fiduciary duty claim dismissed where arbitration award established transactions were loans, not sales, and benefited plaintiff company.
Weekly
Hillside FXF, LLC, et al. v. Premier Design + Build Group, LLC, et al. (Lawyers Weekly No. 12-147-16)
Engineering firm's motion for summary judgment on breach of contract, gross negligence, and warranty claims arising from improper fill work at construction site. Denied except for indemnity count.
MacKinnon, et al. v. Berluti, et al. (Lawyers Weekly No. 12-145-16)
Attorney fee dispute arising from settlement of wage and contract claims. Jury found fee agreement modified; court affirmed on chapter 93A claim.
Commonwealth v. HealthDrive Corporation, et al. (Lawyers Weekly No. 12-140-16)
MassHealth successfully recovered overpayments for dental house calls after changing reimbursement from per-patient to per-facility basis despite three-year payment delay.
McDonough v. Guyton, et al. (Lawyers Weekly No. 12-142-16)
Elderly client alleged financial adviser mismanaged assets and directed unsuitable investments. Court allowed amendment alleging fiduciary relationship, denying dismissal motion.
Zuckert v. Fraen Mechatronics LLC, et al. (Lawyers Weekly No. 12-141-16)
Summary judgment for defendants in breach of contract and fraud claims over patent assignment and royalty arrangements for automotive motor technology.
Commonwealth v. Vick (Lawyers Weekly No. 11-161-16)
Affirmed conviction for drug possession arising from police station removal of contraband from defendant's buttocks during lawful search incident to arrest.
Commonwealth v. Griffin (Lawyers Weekly No. 10-175-16)
Murder conviction affirmed where defendant methodically planned killing and acted from rational motive despite claiming mental illness and divine command.
Commonwealth v. Butler (Lawyers Weekly No. 11-160-16)
Murder conviction affirmed. Jury selection did not violate equal protection; no prima facie case of gender discrimination in prosecutor's peremptory challenges established. Remaining claims rejected.
Massachusetts Insurers Insolvency Fund v. Berkshire Bank (Lawyers Weekly No. 10-174-16)
Fund may recover workers' compensation benefits from high net worth insured employers, reversing Superior Court decision that statutory language precluded recovery.