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Arbitration – Union dispute
Where a Superior Court judge vacated an arbitration award of backpay and seniority rights to an employee of the Massachusetts Department of Transportation who was terminated for not complying with the department’s COVID vaccination requirement, the judgment must be reversed because the arbitrator did not exceed his authority.
Attorneys – Malpractice – Trust
Where a plaintiff brought a six-count complaint against defendant attorneys and their law firm based on their role in establishing a trust, a grant of summary judgment in favor of the defendants must be vacated in part, as genuine issues of material fact remain as to the plaintiff’s G.L.c. 93A, malpractice and breach of fiduciary duty claims.
Civil practice – Prior pending action
Where a Land Court judge dismissed a complaint based on the pendency of a prior Superior Court action, the dismissal should have been without prejudice.
Domestic relations – Harassment prevention order – Instagram
Where a harassment prevention order under G.L.c. 258E has been challenged on appeal, the order must be vacated because the plaintiff did not prove three qualifying acts of harassment.
Motor vehicles – Speeding – Discovery
Where a defendant was found responsible for the civil motor vehicle infraction of speeding (G.L.c. 90, §17), it was an abuse of discretion not to allow discovery regarding the light detection and ranging (LIDAR) unit used by a state trooper to measure the speed of the defendant’s vehicle.
Civil practice – Relief from judgment – Untimely motion
Where a defendant’s motion for relief pursuant to Rule 60(b)(6) of the Massachusetts Rules of Civil Procedure was allowed on the ground that the defendant’s counsel had failed to raise a potentially dispositive argument, the motion should have been denied as untimely.
Criminal – Voluntary manslaughter – Sentence
Where a jury found a defendant guilty of voluntary manslaughter, his sentence must be vacated because of ambiguity as to whether the judge's sentencing decision included factors (particularly the absence of self-defense or heat of passion or sudden combat) of which the jury declined to convict the defendant.
Education – Interscholastic athletics – Handbook
Where the Massachusetts Interscholastic Athletic Association has filed an appeal challenging Superior Court orders granting preliminary injunctions to the plaintiffs in four separate actions, those orders must be reversed because the plaintiffs have failed to meet their burden to demonstrate a likelihood of success on the merits.
Criminal – License – Firearm
Where a defendant was convicted of carrying a loaded firearm without a license and carrying a firearm without a license, those two convictions must be reversed because the evidence was insufficient to show that the defendant lacked a license.
Landlord and tenant – Standing – ‘Managing agent’
Where a defendant tenant has challenged a Housing Court judgment granting possession of her apartment to the plaintiff, the judgment must be vacated and the summary process complaint dismissed with prejudice because the plaintiff lacked standing to bring the complaint.
Criminal – Ineffective assistance – Hearing impairment
Where a defendant was convicted of violating an abuse prevention order, a remand must be ordered because the defendant made a substantial showing of ineffective assistance of counsel in addressing the defendant's hearing impairment, entitling him to an evidentiary hearing.
Domestic relations – Chapter 209A
Where an ex parte G.L.c. 209A order was continued for one year, the judge erred by continuing the ex parte order without taking testimony from the plaintiff or allowing the defendant to cross-examine her and instead relying solely on evidence presented in conjunction with a criminal matter pending against the defendant.
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
