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Mortgages – Power of attorney – Face-to-face meeting
Where a plaintiff borrower has alleged that a foreclosure was unlawful under G.L.c. 183, the defendants’ lack of a power of attorney did not render the foreclosure invalid. Accordingly, the […]
Contract – Consideration – Texts
Where a plaintiff has alleged that the defendant breached a contract for the acquisition of baseball memorabilia, the defendant is not entitled to summary judgment despite his contention that the […]
Retirement – Health plan – Eating disorder
Where a plaintiff has brought suit under the Employee Retirement Income Security Act contending that the defendant failed to pay her medical benefits that she was owed under her health […]
Zoning – Special permit – Air quality
Where a Superior Court judge upheld the Mashpee zoning board’s decision to grant a special permit for an auto body shop, the board and the judge erred in determining that […]
Domestic relations – Chapter 209A – Fear of harm
Where a G.L.c. 209A abuse prevention order entered against a defendant, the order must be vacated because the plaintiff failed to provide evidence that she was in reasonable apprehension of […]
Criminal – Plea – Withdrawal
Where a defendant moved to withdraw his guilty plea, a U.S. District Court judge did not err in denying that motion, as the defendant failed to show a fair and […]
Insurance – Duty to defend – SEC investigation
Where a pharmaceutical company and its president and chief executive officer brought suit claiming that an insurance company breached its duty to defend them in connection with a Securities and […]
Domestic relations – Alimony – Reduction
Where a judge reduced a divorced plaintiff’s monthly alimony payments, a remand is necessary for a determination of whether the plaintiff’s reduced working hours following a heart attack constituted a […]
Employment – Prevailing wages – Public works
Where a judgment was entered in favor of the plaintiffs on their claim for prevailing wages, the judgment must be vacated insofar as it awards damages incurred outside the three-year […]
Evidence – Authentication – Facebook
Where a defendant was convicted of dissemination of obscene material to a minor, the trial judge did not err in admitting into evidence a Facebook message and an accompanying video […]
Domestic relations – Modification – Amended complaint
Where a plaintiff father’s complaint for modification of a child support order was dismissed, that was error, as the plaintiff was not precluded from amending his complaint after the defendant […]
Workers’ compensation – Causation – Conflicting medical opinions
Where an administrative judge ordered a self-insurer to pay an employee section34 benefits, the case must be recommitted because of conflicting medical evidence. “The self-insurer appeals from a hearing decision […]
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
