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Date Summaries
  
04/04/2013

The summaries of cases for oral argument were prepared by Marc G. Perlin, Professor of Law at Suffolk University Law School. The summaries are not an official part of the court proceedings, and are presented so that those who access the website will have a general understanding of the legal issues in the cases set for oral argument.

 
SJC-11356
McInnes v. LPL Financial, LLC
Arbitration-- Whether a suit arising out of investment losses which includes a claim of violation of the Massachusetts Consumer Protection Act is subject to arbitration under the Federal Arbitration Act.
 

SJC-11314
Commonwealth v. Fortunato
Search and Seizure-- In a prosecution for armed robbery, the Commonwealth is appealing the allowance of a motion to suppress defendant's statement to the police.

 

SJC-11295
Firearms Records Bureau v. Simkin
Firearms Licensing-- This suit challenges a decision of the Firearms Records Bureau revoking the license of a non-resident of Massachusetts to carry firearms.

 

SJC-11273
Caron v. Horace Mann Insurance Company
Homeowners Insurance-- An insurance company is appealing a Superior Court order striking an endorsement in a homeowners insurance policy that reduced the homeowner's liability coverage for dog bites on the basis of mutual mistake between the homeowner and the insurer's agent.

 

SJC-11293
Alicea v. Commonwealth
Torts-- This is a damage claim alleging malpractice by a public defender who represented the plaintiff in a criminal proceeding where the plaintiff claims that his attorney's negligence resulted in an unlawful sentence.

 

SJC-11365
McCabe v. Commissioner of Correction
Criminal-- This is a declaratory action against the Commissioner of Correction involving a defendant's treatment as a sex offender.

 

SJC-11368
Owens v. Justice of Worcester County Lemire  
Superintendence Power-- This superintendence petition involves criminal practice in Worcester Superior Court.

 

SJC-11284
N.E. Physical Therapy Plus, Inc. v. Liberty Mutual Insurance Company
  (Reserve Case)
Automobile Insurance-- In a claim against an insurer seeking payment under the Peronal Injury Protection provisions of the Massachusetts no-fault automobile insurance law, may the insurer present evidence of the reasonable cost of medical services through a national database used by providers of medical services and others?.

  
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