Lawyers for Karen Read on Feb. 18 asked a federal judge to prevent her retrial on two charges related to the death of her Boston police officer boyfriend.
In a case set to be argued on March 3, the Supreme Judicial Court has an important opportunity to offer a course correction on how the still relatively new Massachusetts Noncompetition Agreement Act should be applied to non-solicitation provisions, lawyers say, including one who was heavily involved in the drafting of the act.
Where (1) three plaintiffs shopped at the defendant retailers' stores, (2) when they subsequently sought to return items, the plaintiffs did not present receipts for their purchases, so the retailers required presentation of their driver's licenses, (3) the retailers then transmitted the driver's license information to a third party, and (4) the plaintiffs brought suit […]
Where a judge found that a two-level upward adjustment was applicable under United States v. Patrick, 248 F.3d 11 (1st Cir. 2001), Patrick must be overruled but the defendant’s life sentence should nonetheless be affirmed based on the sentencing judge's alternative determination that the defendant “personally used a minor” to commit the charged offense.
Where the Securities and Exchange Commission brought a civil enforcement action, the lower court did not err by awarding the SEC partial summary judgment but did err in imposing equitable remedies and in concluding that it lacked the power to issue a civil penalty.
Where the Board of Immigration Appeals denied a petitioner’s asylum application, that decision should be upheld because the BIA reasonably concluded that the petitioner had not shown the requisite nexus between her membership in the particular social group of “Brazilian women who are victims of domestic violence” and any past or future harm.
Where the Appellate Tax Board determined that a disputed tax assessment was proper because the taxpayer, a for-profit real estate investment and management company, leased the land from Massport for “business purposes,” the board’s decision should be affirmed despite the taxpayer’s assertion that it uses the property predominantly for “air transportation purposes,” a tax-exempt use.
Where a single justice dismissed a disbarred attorney’s complaint for certiorari relief, the single justice acted correctly by dismissing the complaint, as the attorney cannot meet his burden to demonstrate the absence or inadequacy of other remedies.
Where a defendant was convicted of felony-murder in the second degree, with the predicate felony being unarmed assault with intent to rob, that conviction should be affirmed despite the defendant’s argument that the prosecutor improperly utilized a peremptory challenge to strike a prospective juror because of the juror's Hispanic ethnicity and that the judge erred […]
Where a charge of accosting or annoying another person was dismissed, that was error, as the evidence presented by the commonwealth established probable cause as to each of the necessary elements of the alleged offense.