Pfannenstiehl v. Pfannenstiehl (Lawyers Weekly No. 10-114-16)
Discretionary trust interest held too speculative for division in divorce; trustee discretion over open beneficiary class prevents fixed enforceable right.
Weekly
Murray, et al. v. Department of Conservation and Recreation (Lawyers Weekly No. 10-115-16)
Land Court lacked jurisdiction to quiet title to railroad easement; abandonment requires compliance with federal procedures under 1973 Act or federal agency certification.
In the Matter of E.C. (Lawyers Weekly No. 11-095-16)
Dismissal of criminal charges does not terminate hospital authority to petition for continued commitment under § 16(c) when petition was filed before dismissal.
Arsenault v. Bhattacharya (Lawyers Weekly No. 11-094-16)
Dismissal upheld for failure to provide 182-day notice to physician before commencing medical malpractice suit, but reversed because statute contains no express penalty for noncompliance.
Commonwealth v. Vargas (Lawyers Weekly No. 10-113-16)
Medical marijuana law does not immunize probation violations occurring before defendant became a qualifying patient under the statute.
Commonwealth v. Diggs; Commonwealth v. Soto (Lawyers Weekly No. 10-112-16)
Defendants challenge pretrial detention orders under dangerousness statute. Court holds "held under arrest" includes any person arrested or subject to warrant for enumerated offense, regardless of custody status.
Commonwealth v. Wade (Lawyers Weekly No. 10-111-16)
Defendant seeking postconviction DNA testing satisfied statutory requirements by proving the requested analysis had not been developed at trial, eliminating need to establish any other enumerated reason.
Bellermann, et al. v. Fitchburg Gas and Electric Light Company (Lawyers Weekly No. 10-110-16)
Customers cannot establish economic injury under consumer protection law by claiming they overpaid for utility services based on the utility's failure to comply with emergency preparedness regulations when no emergency occurred during the relevant period.
Commonwealth v. Philbrook (Lawyers Weekly No. 10-109-16)
Murder conviction affirmed where prior bad act evidence properly admitted to show defendant's motive and state of mind, and juror misconduct claims rejected.
Commonwealth v. Abdallah (Lawyers Weekly No. 10-108-16)
Court affirms suppression of drugs found in backpack seized during arrest, holding the seizure unreasonable when practical alternatives existed.