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Criminal – First complaint doctrine – Harassment prevention order
Where a defendant was convicted of indecent assault and battery on a person over the age of 14, he is entitled to a new trial because (1) a detective’s duplicative […]
Employment – Contract – Wage Act
Where a plaintiff was granted partial summary judgment under the Wage Act, the judgment must be reversed because the employment agreement between the parties does not entitle the plaintiff to […]
Real property – Contempt – Fill
Where a plaintiff filed a complaint for contempt, alleging that the defendant failed to comply with a preliminary injunction requiring the removal of fill, a judgment in favor of the […]
Parent and child – Termination – Nexus
Where a Juvenile Court judge found a mother and father to be unfit and terminated their parental rights, a remand is necessary because there is insufficient evidence to show a […]
Mortgages – Summary process – Affidavit of sale
Where a plaintiff’s claim for possession was dismissed in a post-foreclosure summary process action, the dismissal judgment must be vacated because a recorded affidavit of sale in the statutory form […]
Criminal – Receiving stolen property – Larceny by false pretenses
Where a defendant was convicted of larceny by false pretenses and receiving stolen property, those convictions must be reversed because there was insufficient evidence to establish beyond a reasonable doubt […]
Appeals – Notice of appeal – Motion for a new trial
Where a defendant has challenged a Superior Court order striking the defendant’s notice of appeal as premature, the appeal must be reinstated under Roch v. Mollica, 481 Mass. 164, 165 […]
Real property – Partition – Mortgage, insurance and tax payments
Where a Land Court judge partitioned property formerly owned by tenants in common, the judge should have required the petitioner to account for her failure to have paid any of […]
Criminal – Plea withdrawal – Immigration consequences
Where a defendant moved to withdraw his guilty plea, arguing that counsel failed to warn him about the specific immigration consequences of his plea, that motion should have been allowed […]
Civil practice – Harassment prevention order – Willful and malicious conduct
Where a judge ordered the extension of a harassment prevention order issued pursuant to G.L.c. 258E, §3, the extension order must be vacated because it was not supported by evidence […]
Civil practice – Harassment prevention order – Willful and malicious conduct
Where a harassment prevention order was extended pursuant to G.L.c. 258E, §3, the order must be vacated because it was not supported by evidence of three separate acts of willful […]
Landlord and tenant – Counterclaims – Jurisdiction
Where a Housing Court judge dismissed a defendant tenant’s counterclaims, that decision should be reversed because the judge erred in dismissing the counterclaims simply because the plaintiff bank had unilaterally […]
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
