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Recent Articles from Paul Lamoureux
SJC: ‘Padilla’ can be applied retroactively
The Supreme Judicial Court has ruled that the U.S. Supreme Court’s decision in Padilla v. Kentucky, 130 S. Ct. 1473 (2010), is retroactive, but that the conviction of a defendant […]
Workers’ compensation – Reduction in benefits
Where an administrative judge reduced an employee's weekly benefits from total incapacity under G.L.c. 34 to partial incapacity under section35 as of June 1, 2007, the case must be recommitted for further findings on the extent of the employee's incapacity.
Criminal – Career offender status
Where a Massachusetts defendant has been sentenced as a career offender in light of (1) his adjudication of delinquency as a youthful offender in juvenile court for an armed assault and robbery with a deadly weapon which he committed at the age of 15 and (2) his conviction in adult court for an assault and battery with a dangerous weapon which he committed when he was 17, we hold that the sentence[...]
Conflict of interest – Police chief
Where a police chief allowed two police union officials to attend a political fundraiser for the mayor on paid city time, this amounted to a violation of the conflict of interest law.
Judgments affirmed
The Appeals Court has affirmed, pursuant to Rule 1:28, judgments in the following cases.
Real property – Removal of house
Where a judge denied the defendants' motion for relief from judgment, this was error, as the judgment challenged was improper in ordering a removal of a house which complied with the 2002 Boston zoning code.
Workers’ compensation – Psychiatric disability claim – Res judicata
Where an administrative judge ruled that an employee's claim for weekly benefits based, in part, on a psychiatric disability was barred by res judicata, this was error and requires that the decision be reversed in part and the case recommitted for further proceedings.
Domestic relations – Credits
Where a plaintiff divorced woman has claimed error in portions of a Probate & Family Court judgment, we agree with her that the judge erred in failing to adopt a master's orders concerning certain credits owed to the plaintiff by the defendant ex-husband but do not agree with the plaintiff that the judge acted improperly in other respects.
Domestic relations – Contempt judgment – Interest
Where a Probate & Family Court judge found the plaintiff in contempt and ordered her to pay postjudgment interest of 12 percent on the portion of the divorce judgment she had yet to pay, representing one half of the equity in the marital home, we hold that the decision must be reversed in light of a prior judgment. Discussion
Social services – SSI and disability benefits
Where the Commissioner of the Social Security Administration has denied a plaintiff's applications for Supplemental Security Income and Social Security Disability Insurance benefits, I hold that the denials should be upheld because no merit exists to the plaintiff's claims that the Commissioner's mental residual functional capacity findings were not supported by substantial evidence and that the C[...]
Zoning – Special permit
Where the Milton Board of Appeals renewed, in 2010, a telecommunication facility special permit originally issued in 2010, this was improper, as the board lacked authority to renew the permit where the application for renewal was not filed until after the original special permit had already expired.
Zoning – Non-buildable lot
Where the Winchester zoning board has ruled that a certain unimproved lot is not buildable, as it fails to comply with the frontage requirements of section6.1 of the local zoning by-law, the board's decision is not arbitrary, capricious, contrary to law or based upon legally untenable or unreasonable grounds.
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
