Articles Posted in News

S.J.C. Clarifies Use of Field Sobriety Tests in OUI Drugs Cases
Dudley Goar, Attorney at Law

In Commonwealth v. Gerhardt, 477 Mass. 775 (2017), the Massachusetts Supreme Judicial Court was asked to decide whether the Commonwealth may introduce evidence of a defendant’s performance on standardized field sobriety tests (FSTs) in a case in which the defendant is charged with driving under the influence of marijuana. The Court held that to the…

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Sealing Criminal Record After Dismissal Now Easier
Dudley Goar, Attorney at Law

In a recent case, Commonwealth v. Pon (No. SJC-11542), the Supreme Judicial Court announced a new lowerstandard for sealing anindividual’s criminal record (“CORI”) with respect to a charge that was dismissed. Under the statute, G.L. c 276, §100C, a former criminal defendant was entitled to have the record of a criminal charge that resulted in…

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Spoliation of Evidence Warrants Sanctions But Not Summary Judgment
Dudley Goar, Attorney at Law

Lawyers Weekly has reported that, in a products liability case brought in Massachusetts federal court by an insurance company on behalf of its insured against the manufacturer of a leaky water heater, a judge ruled that the disposal (“spoliation”) of the water heater before the manufacturer had an opportunity to test it did not call…

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Insurance Company is Hit With Punitive Damage Award After Refusing to Settle Personal Injury Case
Dudley Goar, Attorney at Law

In Anderson et al. v. American International Group, Inc. et al., a Superior Court judge found the insurance company AIG liable for treble damages and attorney’s fees under chapters 93A and 176D after it refused to settle a case in which the liability of its insured, the driver of a shuttle bus, was clear. The…

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Description of Car Does Not Have to Match Perfectly to Give Police Reasonable Suspicion for Stop
Dudley Goar, Attorney at Law

The Massachusetts Supreme Judicial Court (S.J.C.) reversed a district court judge’s order suppressing the stop of a motor vehicle by police in the caseComm. v. Rohena. The district court judge had ruled that the police did not have “reasonable suspicion” to stop the car, because a 911 caller had identified a black car of a…

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Be Careful with Emails and Texts
Dudley Goar, Attorney at Law

An article in the January 13, 2014 edition of Mass. Lawyer’s Weekly highlights the growing acceptance by courts that emails can be given the same weight as letters or other documents when it comes to contract enforcement. For example, an email might be sufficient to bind a party to an unsigned purchase and sale agreement…

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