Commonwealth v. DiBenedetto (Lawyers Weekly No. 10-142-16)
Affirmed denial of motion for new trial based on DNA evidence excluding victims as contributors to DNA on defendant's sneakers, given strength of eyewitness identification.
Weekly
Limoliner, Inc. v. Dattco, Inc. (Lawyers Weekly No. 10-141-16)
Regulation requiring repair shops to document customer repair requests applies to business customers, not just consumers, based on definition of 'customer' and regulatory language.
Commonwealth v. Gonzalez (Lawyers Weekly No. 10-140-16)
Murder conviction reversed where circumstantial evidence that defendant drove getaway vehicle required piling inference on inference, and evidence of lethal intent was absent.
Commonwealth v. Alvarez (Lawyers Weekly No. 11-117-16)
Defendant falsely claimed residency to obtain subsidized housing for his niece. Appeals Court affirmed larceny conviction, finding he obtained valuable lease through false pretenses.
Parr, et al. v. Rosenthal (Lawyers Weekly No. 10-139-16)
Court adopts continuing treatment doctrine for medical malpractice, but limits its application. Statute of limitations begins when negligent physician ceases treatment and patient knows of harm.
U.S. Bank National Association v. Bolling (Lawyers Weekly No. 11-116-16)
Defendant lacks standing to challenge mortgage assignment for procedural noncompliance with pooling and servicing agreement. Massachusetts law governs.
Aggregate Industries – Northeast Region, Inc. v. Hugo Key and Sons, Inc., et al. (Lawyers Weekly No. 11-114-16)
Subcontractor entitled to attorney's fees under public works bond statute on quantum meruit claim for grading services, despite general contractor's settlement offer. Chapter 93A counterclaim dismissed.
Commonwealth v. Chambers (Lawyers Weekly No. 11-115-16)
Affirmed. Error in denying motion for required finding on felony charge (no property value evidence) rendered harmless by jury's conviction on lesser included misdemeanor offense. Malice element requires hostility or revenge, not necessarily toward property owner.
Nelson v. Conservation Commission of Wayland (Lawyers Weekly No. 11-113-16)
Town conservation commission's finding of wetlands on property affirmed despite owner's objections about water frequency and soil characteristics.
OneBeacon America Insurance Company v. Narragansett Electric Company v. American Home Assurance Company, et al. (Lawyers Weekly No. 11-112-16)
Choice of law for insurance contracts covering environmental contamination: Massachusetts law applies despite Rhode Island location and operations.