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Tort – SLAPP – Malicious prosecution
Where a defendant who worked at the front desk of an apartment complex reported an incident to the Newton police involving the plaintiff tenant, the defendant is entitled to dismissal of the plaintiff’s malicious prosecution claim, as the plaintiff did not carry her burden to show by a preponderance of the evidence that the defendant’s petitioning activities lacked any reasonable factual suppo[...]
Domestic relations – Child support – Parenting time
Where a judgment of divorce nisi has been challenged on appeal, the portion of the divorce judgment granting the husband supervised visitation must be vacated, while a remand is necessary because the judge erred in discounting the husband's recent employment and earnings history when determining his present earning capacity for purposes of child support.
Criminal – Effectiveness of counsel – Racial bias
Where a defendant moved to withdraw his guilty pleas due to ineffective assistance of counsel premised upon his plea counsel's bias against African-Americans, a judge’s decision to deny that motion must be reversed because the defendant showed bias on the part of plea counsel that necessarily infected his representation of the defendant.
Motor vehicles – Negligent operation
Where a defendant was convicted of negligent operation of a motor vehicle, the conviction must be reversed because it was error for the trial judge to deny the defendant’s motion for a required finding of not guilty at the close of the commonwealth's case.
Civil practice – Harassment prevention order – Extension
Where a plaintiff’s request to extend a G.L.c. 258E harassment prevention order was denied, the judge erred by failing to determine whether an extension was required to protect the plaintiff from the impact of the past criminal sexual conduct by the defendant that gave rise to the initial order.
Domestic relations – Parenting time – School attendance
Where a divorced father's parenting time was reduced, a remand is necessary because it is unclear that the child's school attendance necessitates a significant reduction in the father's parenting hours.
Domestic relations – Abuse prevention order – Findings
Where an abuse prevention order was issued by a District Court judge, the order must be vacated because the judge's remarks fell short of the type of findings required by G.L.c. 209A, §3.
Civil practice – Harassment prevention order – Extension
Where a District Court judge extended a harassment prevention order issued pursuant to G.L.c. 258E, the judge did not make findings as to why an extension of 10 years was necessary, so the case should be remanded to revise the extension period to two years.
Domestic relations – Abuse prevention order
Where a defendant was convicted of violating an abuse prevention order, that conviction must be reversed because the evidence was insufficient to establish the terms of the order.
Criminal – Counsel request – Invocation
Where a defendant filed a motion for new trial contending that certain statements used against him at trial were obtained in violation of his right to counsel, the trial judge’s decision to deny that motion must be vacated because the judge erred in applying a subjective rather than objective test to determine if the defendant's request for counsel was clear and unambiguous.
Real property – Taking – Tax debt
Where a Land Court judge ruled that all rights of redemption as to three parcels of land were forever foreclosed and barred, a remand is necessary in light of the Supreme Court’s decision in Tyler v. Hennepin County, 598 U.S. 631 (2023).
Civil practice – Dismissal – Failure to prosecute
Where a Superior Court judge dismissed a complaint, that was an abuse of discretion, as there was neither a lack of prosecution nor a willful failure to provide discovery.
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
