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Criminal Law—Innocent Third Parties Deserve Greater Fourth Amendment Protections Than Criminal Suspects and Defendants—Commonwealth v. Draheim, 849 N.E.2d 823 (Mass. 2006)

Jun 7, 2013 | Case Comments, Number 1, Print Edition, Volume 41

Advances in science have revolutionized crime detection, indelibly affecting Fourth Amendment jurisprudence. Forensic identification techniques are continually refined, and accordingly, the concomitant constitutional considerations continue to grow.  As technological...

Corporate Law—Massachusetts Limits Tolling of Statute of Limitations for Breach of Fiduciary Duties in Closely Held Corporations—Aiello v. Aiello, 852 N.E.2d 68 (Mass. 2006)

Nov 13, 2007 | Case Comments, Number 1, Print Edition, Volume 41

The statute of limitations for claims arising out of an alleged breach of fiduciary duty by members of a corporate board of directors is generally three years from the date the plaintiff knew or should have known of the alleged wrong.  For certain equitable reasons,...

Civil Procedure—Sufficiency of Evidence Not Reviewable in Absence of Post-Verdict Judgment as a Matter of Law or New Trial Motion—Unitherm Food Systems, Inc. v. Swift-Eckrich, Inc., 546 U.S. 394 (2006)

Nov 13, 2007 | Case Comments, Number 1, Print Edition, Volume 41

The Federal Rules of Civil Procedure were enacted in 1938 to “secure the just, speedy, and inexpensive determination of every action.”  The Federal Rules provide three avenues for challenging the sufficiency of a party’s evidence presented at trial:  a Rule 50(a)...

Corporate Law—Primary-Violator Liability Under 10(b) Applies to Outside Business Partners in Suits Brought by Shareholders—Simpson v. AOL Time Warner, Inc., 452 F.3d 1040 (9th Cir. 2006)

Nov 13, 2007 | Case Comments, Number 1, Print Edition, Volume 41

Section 10(b) of the Securities Exchange Act of 1934 makes it illegal for a person “to use or employ, in connection with the purchase or sale of any security . . . any manipulative or deceptive device . . . .”  In 1994, the Supreme Court held that a secondary party is...