Attorneys – Lien
Where a judge denied a request for a hearing on the determination of an attorney's lien, a remand must be ordered because the denial of the requested hearing is contrary to the policy established by G.L.c. 221, §50, to protect attorneys from not being compensated for legal services rendered.
Insurance – Interpleader – IRA
Where an appellee was awarded summary judgment entered in an interpleader proceeding, that judgment must be vacated because the Superior Court judge erred in holding that no material facts were in dispute.
Civil practice – Sex offender classification
Where a Superior Court judge affirmed a plaintiff’s classification by the Sex Offender Registry Board as a Level 2 offender, a remand is necessary for the hearing examiner to address what weight, if any, to give the plaintiff’s offense-free time in the community prior to his 2022 conviction and to reconsider whether to give moderate rather than full weight to the plaintiff’s participation in[...]
Criminal – Witness intimidation
Where a defendant was convicted of one count of witness intimidation based on separate incidents that occurred on July 13 and Aug. 2, 2021, the judgment of conviction must be vacated because (1) the evidence was sufficient to establish beyond a reasonable doubt that the defendant committed the offense on July 13 but was insufficient to sustain a conviction based on the events of Aug. 2, and (2) it[...]
Parent and child – Termination
Where a mother has challenged decrees issued by a Juvenile Court judge finding her unfit to parent her children and terminating her parental rights, the mother's unfitness at the time of trial was not established by clear and convincing evidence, so the decrees must be vacated.
Criminal – Prior bad acts
Where a jury convicted a defendant of two counts of rape of a child with force and two counts of aggravated rape of a child, the convictions should be vacated because prior bad act evidence may have overwhelmed the proceedings.
Contract – Settlement agreement
Where a Superior Court judge allowed a motion to enforce a settlement agreement, a remand is necessary because of the existence of factual questions regarding whether, at what point and on what terms the parties intended to be bound.
Criminal – Admission to sufficient facts – Withdrawal
Where a Boston Municipal Court judge denied a defendant’s motion to withdraw an admission to sufficient facts, a remand must be ordered because of the absence of findings and rulings.
Civil practice – Commitment
Where a District Court judge granted a petition for involuntary civil commitment filed by Bridgewater State Hospital, the commitment order should be vacated because BSH failed to provide sufficient evidence to support a finding beyond a reasonable doubt that the respondent posed a likelihood of serious harm if not placed in the strict security of BSH.
Employment – Forum selection clauses
Where a plaintiff’s eight-count complaint was dismissed based on the forum selection clauses in his employment agreements with the defendants, the dismissal judgment must be vacated in part, as the plaintiff’s statutory claims for misclassification and nonpayment of wages are not covered by the forum selection clauses.
Domestic relations – Contempt – Fees
Where a divorced defendant was held in contempt and ordered to pay costs and fees to her former husband, the finding of contempt must be reversed, but it was not an abuse of discretion to award fees and costs.
Contract – Emails – Amendment
Where a judge found that a defendant attorney breached a side agreement with the plaintiff, his former law firm partner, the judgment should be upheld despite the defendant’s contention that the side agreement had been amended by a series of email messages.
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







