Free Newsletter
Search and seizure – Frisk – Backpack
Where a motion to suppress evidence obtained from a search of the defendant's backpack was allowed, that decision should be affirmed because the police were not justified in unzipping the backpack without first attempting a pat-frisk of it.
Criminal – Disorderly conduct
Where a defendant was convicted of disorderly conduct, that conviction must be reversed because there was insufficient evidence that the defendant's conduct was reasonably likely to affect the public or that the defendant either intended to cause public inconvenience, annoyance or alarm or recklessly created a risk of public inconvenience, annoyance or alarm.
Domestic relations – Chapter 209A – ‘Coercive control’
Where a defendant has filed an appeal challenging an order issued under G.L.c. 209A, the record lacks sufficient evidence of "coercive control," so the order must be vacated.
Criminal – Prosecutor’s closing
Where a jury convicted a defendant of assault and battery on a family or household member, the verdict must be set aside because the prosecutor's closing argument created a substantial risk of a miscarriage of justice.
Jurisdiction – Maritime – Jury trial
Where (1) a plaintiff filed suit in state court, asserting a claim of negligence based on an accident that occurred while he was disembarking from a boat in Nantucket, (2) the defendant removed the action on the ground that it involves a matter within the exclusive maritime jurisdiction of the United States, and (3) the plaintiff has moved to remand the matter to state court based on 28 U.S.C. §1[...]
Retirement – Accidental disability
Where the Leominster Retirement Board denied a petitioner’s application for accidental disability retirement, the petitioner has presented adequate reasons to reject the negative reports of two of the three medical panelists, so the board’s decision should be reversed.
Domestic relations – Alimony
Where a wife has appealed from a Probate & Family Court modification judgment, challenging both the amount and the termination date of the award of alimony, so much of the modification judgment as pertains to the monthly alimony amount and termination at the husband's full retirement age must be vacated and the matter remanded.
Damages – Public records law
Where (1) two defendants did not comply with a request for documents under the under the public records law (G.L.c. 66), (2) the plaintiffs filed suit in January 2023, and (3) the records were produced in October 2023, the plaintiffs are entitled to legal fees and costs but not punitive damages.
Search and seizure – Wiretap warrants – Selective prosecution
Where defendants have filed a motion based on allegations of equal protection violations in securing wiretap warrants, the standard to be applied is the three-part test set forth in Commonwealth v. Franklin, 376 Mass. 885, 894 (1978).
Immigration – EB-1 visa
Where a plaintiff tattoo artist has brought an action challenging the denial of an EB-1 “Einstein” visa, the defendants’ motion for summary judgment should be granted because the plaintiff has failed to show that U.S. Citizenship and Immigration Services acted in an arbitrary or capricious manner when it determined that he failed to demonstrate extraordinary ability under 8 U.S.C. §1153(b)([...]
Securities – Fraud
Where a putative class action has been brought by plaintiffs alleging that class members were harmed when they purchased common stock at prices inflated by false and misleading statements, a motion to dismiss should be denied as to challenged statements regarding “forced bundling” but otherwise allowed.
Immigration – Competency
Where the Board of Immigration Appeals affirmed an immigration judge’s removal order, that order should be vacated because the judge's failure to address the petitioner’s competency despite the presence of relevant indicia for doing so undermines the credibility finding on which the judge based her conclusions for ordering the petitioner removed.
