Other

Bring on New York.

The Supreme Judicial Court ruled today that doctors' first responsibility is to their patients, not to the public at large.

The decision comes in suit by a man who wanted damages from a Mass. General neurologist whose patient suffered a seizure and crashed into him.

Richard Medina required multiple operations to repair the arm damage done in the 2001 crash and said Dr. Fred Hochberg should have done more to keep his patient, Robert Riskind, who had inoperable brain cancer, off the road:

NOTICE: The slip opinions and orders posted on this Web site are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. This preliminary material will be removed from the Web site once the advance sheets of the Official Reports are published. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030;

Richard MEDINA vs. Fred H. HOCHBERG.

SJC-11178.

Suffolk. January 8, 2013. - May 13, 2013.

Negligence, Doctor, Duty to warn. Doctor, Doctor-patient relationship.

CIVIL ACTION commenced in the Superior Court Department on January 23, 2004.

The case was heard by Maureen B. Hogan, J., on a motion for summary judgment.

The Supreme Judicial Court granted an application for direct appellate review.

Dante G. Mummolo (Brendan C. Murphy with him) for the plaintiff.

Michael J. Kerrigan (William J. Dailey, Jr., with him) for the defendant.

The following submitted briefs for amici curiae:

Gregory Broderick & Katie Konz, of California, & Donald R. Pinto, Jr., for Pacific Legal Foundation.

John J. Barter for Professional Liability Foundation, Ltd.

Chad P. Brouillard for Massachusetts Defense Lawyers Association.

Specifically, in not finding the nearest dumpster and tossing a certain Globe columnist into it headfirst after said columnist (one guess which one) accused him of taking steroids because, after all, he's old and Dominican (yes, he went there). Not linking to the column because I don't feel like giving him my two cents worth of Web traffic, but it should be easy enough to find for anybody who can log into bostonglobe.com.

NOTICE: The slip opinions and orders posted on this Web site are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. This preliminary material will be removed from the Web site once the advance sheets of the Official Reports are published. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030;

COMMONWEALTH vs. Reginald CLAGON (and six companion cases [FN1]).

SJC-11283.

May 8, 2013.

Controlled Substances. Practice, Criminal, Motion to suppress. Search and Seizure, Warrant, Affidavit.

Teresa K. Anderson, Assistant District Attorney (Lauren Greene, Assistant District Attorney, with her), for the Commonwealth.

John Fennel, Committee for Public Counsel Services, for Reginald Clagon.

RESCRIPT

A Methuen high-school student is being held in lieu of $1 million after police charged him with "communicating a terrorist threat" after he allegedly posted something on his Facebook page about wanting to kill people and outdo the Marathon bombings, the Lawrence Eagle-Tribune reports. Police seized his computer and his Xbox.

Mike O'Dea yesterday filed a federal lawsuit against Warner Bros. over its plans for a movie called "The Ghostman," about a thief who evades the FBI, saying it infringes his trademark on a comic book and movie he is working on called "Ghostman" about a thief who evades the FBI.

In his suit, filed in US District Court in Boston, O'Dea says he has been working on his project since 2010, has a Web site to promote it and that Warner Bros. needs to knock it off, pronto.

Local man Adam Smith, currently teaching English to kindergarteners in Yangsan, South Korea, forwards this photo of himself and his Sox cap at a Hello Kitty cafe in Pusan.

Adding another country to Red Sox Nation!

Good Morning Gloucester has the photos.

NOTICE: The slip opinions and orders posted on this Web site are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. This preliminary material will be removed from the Web site once the advance sheets of the Official Reports are published. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030;

Patrick J. DEVLIN vs. COMMONWEALTH.

No. 12-P-401.

Suffolk. October 11, 2012. - April 24, 2013.

Massachusetts Tort Claims Act. Governmental Immunity. Commonwealth, Liability for tort. Negligence, Governmental immunity, Correctional facility. Incompetent Person, Commitment.

CIVIL ACTION commenced in the Superior Court Department on November 12, 1998.

The case was tried before Christopher J. Muse, J., and a motion for judgment notwithstanding the verdict or for a new trial, as well as a motion for remittitur, were considered by him.

Brian P. Mansfield for the Commonwealth.

Joshua M.D. Segal for the plaintiff.

Present: Kantrowitz, Sikora, & Rubin, JJ.

RUBIN, J.

The Times digs into 38 Studios:

"It seemed like the digital economy, or biotech, or whatever. But then it turned out that it wasn't the new digital economy. It was some 13-year-old's medieval fantasy."

Here's a new UHub rule: If you keep posting a link to the same conspiracy-nut article about the Marathon to Marathon-related posts here, even after you're asked not to, I will block your account.

When a senior at a West Virginia high school went public with her complaints about a religious, pro-abstinence speaker at a school assembly, she says her principal threatened to try to get Wellesley College to rescind her admission.

Wellesley College had a simple response today.

Via MetaFilter.

The Yankees tweet:

Our thoughts are with the Boston community. Tonight there will be a special moment of silence & Fenway favorite Sweet Caroline @ end of 3rd.

NOTICE: The slip opinions and orders posted on this Web site are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. This preliminary material will be removed from the Web site once the advance sheets of the Official Reports are published. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030;

COMMONWEALTH vs. Clint DANIEL (and a companion case [FN1]).

SJC-11214.

Suffolk. December 6, 2012. - April 5, 2013.

Firearms. Constitutional Law, Search and seizure, Probable cause. Probable Cause. Search and Seizure, Threshold police inquiry, Motor vehicle, Probable cause, Protective sweep. Evidence, Firearm. Motor Vehicle, Firearms, Operating under the influence.

COMPLAINTS received and sworn to in the Central Division of the Boston Municipal Court Department on December 18, 2009.

Pretrial motions to suppress evidence were heard by Tracy-Lee Lyons, J.

After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review.

Timothy J. Brown, Committee for Public Counsel Services, for the defendant.

The grim photo.

The story behind the photo.

A Utah professor today acknowledged he viewed sexually explicit image of little girls as he flew to Boston for a professional conference in 2011, the Suffolk County District Attorney's office reports.

In East Boston District Court, Judge Roberto Ronquillo, Jr. gave Grant Smith a 2 1/2-year suspended sentence for possession of child pornography and five years' probation, which he will serve in his native Utah, after registering as a sex offender, the DA's office reports.

Dennis Murphy was driving his Route 110 bus down Elm Street around 6 a.m. yesterday when he noticed a building on fire.

According to Sean Mills, his supervisor at the Charlestown bus yard:

He immediately called dispatch and secured the bus. He then went over to the house on fire and rang all the doorbells to wake everyone inside up. These people did not know the house was on fire. His actions may have saved their lives.

Mills adds he gave Murphy a commendation, but that Murphy declined to have a picture taken of him accepting it "because he says this is stuff we should just do naturally."

WBZ reports.

Redsox223 watched a rare Super Guppy come in for a landing at Hanscom yesterday.

Copyright Redsox223. Posted in the Universal Hub pool on Flickr.

GM Beverly Scott in Hyundai-Rotem plant. Photo by MBTA.

"We're all in this together," Scott told workers at the plant in Philadelphia today.

According to the T, Scott "stressed the importance of MBTA staff and the Hyundai-Rotem team working cooperatively to step up the pace of production. The company is now more than two years late in delivering two-level coaches that will let the T expand capacity on its commuter-rail lines. The T says the first three of the new coaches, delivered last November, should go into service next month.

A woman with a lawsuit against Michaels for allegedly using her Zip code to find out where she lived and bombard her with junk mail this week filed a similar lawsuit against Bed Bath and Beyond.

Melissa Tyler is seeking more than $5 million in a class-action suit, charging the way the chain collects and uses Zip codes from customers violates Massachusetts consumer-privacy laws.

Earlier this month, the Supreme Judicial Court - the state's highest - agreed with Tyler's basic contention that in an era of data mining, Zip codes were enough "personal identification information" to bar retailers from requiring them for credit-card purchases.

Because Tyler filed her lawsuit in federal court, the opinion does not mean Tyler automatically collects. However, the SJC considered the issue at the request of the federal judge hearing Tyler's case.

Within days of the SJC opinion, a second person sued Michaels over the same issue, also for more than $5 million.

The Patriots abstained in the vote.

How about a Polish deli that sells cherry babka?

Watch video of Beverly Scott kissing MassDOT highway administrator Frank DiPaola on the head as thanks for the money MassDOT will give the T to buy new commuter-rail locomotives.

Head-kissing came at a MassDOT meeting yesterday. MassDot will use a $45-million federal clean-air grant to buy the new, cleaner, more efficient locos - about 80% of their total cost. The T currently has a contract to buy 27 of them, with delivery starting next year, but is looking at buying 13 more - at $5.4 million apiece.