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Recent Articles from Paul Lamoureux
Insurance – G.L.c. 93A
Where plaintiffs have sued defendant insurance advisors and attorneys under G.L.c. 93A, alleging that the defendants failed to draft insurance trusts and related documents properly, I hold that the defendants must be granted summary judgment because the plaintiffs' damage claims are too speculative to warrant relief.
Social services – Disability benefits
Where a plaintiff has been denied Social Security disability benefits, I hold that the benefit denial decision should be upheld because no merit exists to the plaintiff's allegations that the hearing officer misstated the findings of the medical expert and found the claimant's subjective complaints not credible without supporting such a conclusion with specific facts and substantial evidence.
Netflix facing federal court suit
Netflix, the leading provider of streamed movies and television on the Internet, through its on-demand service known as “Watch Instantly,” is being sued in U.S. District Court for its alleged […]
Negligence – Service of alcohol
Where a plaintiff alleges that he suffered injuries in an altercation because the defendant tavern negligently served alcoholic beverages to under-aged and intoxicated patrons, I hold that genuine issues exist barring any award of summary judgment to the defendant.
Habeas corpus – Categorization as career offender
Where an individual has petitioned for habeas corpus, alleging that he was incorrectly categorized as a career offender for sentencing purposes, I hold that his past assault and battery on a police officer was a crime of violence and that his career offender categorization was therefore proper.
SJC rules ‘Padilla’ retroactive
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 this didn’t help one defendant convicted […]
Zoning – Buildable lot
Where a dispute has arisen regarding the status of a Billerica lot owned by the plaintiff corporation, I find from the evidence that the lot is grandfathered as to dimensional requirements and is therefore buildable.
Criminal – Postponement of sentencing
Where both the government and the attorneys for convicted defendants Salvatore F. DiMasi and Richard McDonough have requested a sentencing postponement to accommodate vacation plans, I hold that their requests should be allowed, as “the seven-week trial of this case was arduous and planned vacations have been well-earned."
Jury and jurors – Release of jurors’ names and addresses
Where, on the day the trial of Salvatore DiMasi and others has been completed, the Boston Globe has requested the names and addresses of the jurors on the case, I find that it would be “most reasonable to give the jurors a single day to begin recovering from the stress of the trial and to think about what, if anything, they wish to say if contacted by the media."
Criminal – Kidnapping – Son
Where a father has moved to dismiss an indictment charging him with kidnapping his son, I find that his motion should be granted.
Search and seizure – Suppression motion – Photo
Where a criminal defendant has filed a suppression motion, I find that it should be denied because he has advanced no persuasive reason why a photo and show-up and voice identifications should not be allowed into evidence.
Domestic relation – Divorce – eTrade accounts
Where a divorce judgment has been appealed, we hold that the judgment should generally be affirmed but that a portion ordering the wife to maintain certain eTrade accounts for the benefit of the child should be vacated and a remand to the Probate & Family Court ordered for further proceedings on that matter.
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
