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Criminal – Duplicative convictions
Where a jury found a defendant guilty of assault and battery (count one), assault on a family or household member (count two), assault and battery with a dangerous weapon (count three), armed assault in a dwelling (count four) and mayhem (count five), the convictions on counts one and three must be reversed because they are duplicative of count five.
Search and seizure – Custodial interrogation
Where a defendant’s motion to suppress was denied, a remand is necessary because the motion judge's factual findings were insufficient to support his conclusion that the defendant was not subjected to custodial interrogation.
Tort – Harassment prevention order
Where a G.L.c. 258E harassment prevention order has been challenged on appeal, that order must be vacated because there was no evidence of a third qualifying act of harassment.
Domestic relations – Child custody – Domestic violence
Where a divorce judgment has been challenged on appeal, so much of the judgment as pertains to child custody must be vacated because the lower court failed to make detailed and comprehensive findings of fact on the issues of domestic violence and its effect upon the child as well as upon the father’s parenting ability.
Civil practice – Substitution – Assignment
Where a plaintiff’s niece filed a motion to substitute as a party in interest, it was error to deny that motion, as the plaintiff’s assignment of his interest in the litigation constituted a gift, so consideration was not required.
Real property – Right of way
Where a judgment was entered in Land Court concerning various sections of North Street in Edgartown, the judgment should be vacated except to the extent that it determines that the plaintiffs own a section of North Street referred to as Area C by adverse possession, but do not so own the section referred to as Area B.
Motor vehicles – Plea colloquy – OUI
Where a defendant was convicted of operating a motor vehicle under the influence of liquor, third offense, the guilty finding on the subsequent offense portion of the charge must be vacated because the judge conducted an inadequate plea colloquy.
Insurance – Household – Financial dependency
Where (1) a plaintiff obtained a $300,000 judgment in a personal injury action against a defendant and (2) finding the defendant to be covered by a homeowner’s policy issued to his grandmother, a Superior Court judge ordered the insurance company to pay the $300,000 owed to the plaintiff, that decision must be reversed because the defendant, as a matter of law, is not a member of his grandmother[...]
Employment – Wage Act – Fees
Where a Wage Act judgment has been challenged on appeal, so much of the judgment as denied the plaintiff counsel fees must be vacated, as a remand is necessary for a determination whether the plaintiff was the prevailing party within the meaning of G.L.c. 149, §150.
Attorneys – Disqualification – Simultaneous representation
Where a Superior Court judge’s order disqualifying an attorney has been challenged on appeal, the order should be upheld because there was no abuse of discretion in the judge’s conclusion that the attorney violated the prohibition against the simultaneous representation of adverse parties set forth in Rule 1.7 of the Massachusetts Rules of Professional Conduct.
Landlord and tenant – Security deposit
Where a commercial lease dispute culminated in a judgment for the plaintiff after a jury-waived trial in the Superior Court, the final award should be reduced by $9,000, representing the security deposit paid by the defendant and properly retained by the plaintiff.
Real property – Easement – Private way
Where a Superior Court judge found that the defendant owners of land in Norton have a right of way to use Pine Needle Lane "for travel only to access their land" and specified that they do "not have the right ... to widen, change the topography, install conduits, pipes, poles, or any other instrumentalities needed in connection with utilities,” the judgment should be vacated to the extent that i[...]
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
