Judicial Profiles
Elizabeth M. Fahey
Judge
Superior Court
Superior Court Administrative Office
Three Pemberton Square
Boston, MA 02108
Phone: (617) 788-8130
Judicial Biography
Born:
April 3, 1952, Frankfurt, Germany
Year admitted to bar:
1977
Year appointed/elected:
1999, by Gov. A. Paul Cellucci
Background
Education:
Boston College Law School, 1977
Manhattanville College, 1973
Professional
Legal Employment History:
Partner, Pierce, Davis, Fahey & Perritano (1998-1999);
Associate and partner, Morrison, Mahoney & Miller (1983-1998);
Assistant district attorney, Middlesex County (1977-1983).
Civic and Community Activities
Memberships/Affiliations:
Massachusetts Bar Association;
Boston Bar Association;
Rhode Island Bar Association.
- Reported Decisions
- Other Links
Opinions Summarized in Lawyers Weekly
- Corporate – Veil – LLC
- Contract – Emails – Subcontract
- Amesbury author wins abuse-of-process case against former Maine judge
- ‘Stale’ CWOF not grounds to bypass police candidate
- Civil service – Police – Bypass – CWOF
- Education – Contempt – University
- Education – Harassment prevention
- Education – University – Access – Animal testing
- Civil practice – Default judgment – Usury
- Tort – Harassment prevention order
- Man dies after multiple falls at geriatric facility
- Construction worker injures back slipping on obscured pipe
- Employment – Wage Act – Counsel fees
- Zoning – Special permit – Dormer
- Attorneys – Fees – Default
- Civil practice – Costs – Depositions – Subpoenas – Travel
- Insurance – Stay – G.L.c. 176D
- Judge blocks suits by pro se litigant
- Civil practice – Dismissal – Injunction
- Attorneys – Fees – Dismissal
- Jurisdiction – Personal – Website
- Attorneys – Fees – G.L.c. 93A
- Consumer protection – Cigarettes – G.L.c. 93A
- Consumer protection – Building code violations – Fatal fall
- Zoning – Variances
- Evidence – Drug certificate
- Arbitration – Insurance – Noncooperation
- Corporate – 'Freeze-out' – Forced buyout of shares
- Elections – Public funds – Clean elections candidate
- Corporate – 'Freeze-out' – Stock purchase as remedy
- Constitutional – First Amendment – Adult entertainment
- Insurance – Motor vehicle – Bond
- Contract – Publishing – Preemption
- Criminal – Sex Offender – Collateral Estoppel
- Jurisdiction – Personal – Controverted Facts
- Civil Practice – Interlocutory Appeal – Special Motion To Dismiss
- Securities – Unlicensed Sales – Promissory Notes
- Contract – Release – Surety
- Tort – Defamation
- Retirement – Disability – Depression
- Criminal – Right To Counsel – Presence At Police Questioning
- Insurance – Broker – Misrepresentation – Limitations
- Contract – Breach – Truck Dealerships
- Real Property – Adverse Possession – Eminent Domain – Town Land
- Employment – Age Discrimination – Peremptory Challenges – Jury Instructions
- Negligence – Slip And Fall On Ice – Use Of Salt
Decisions Reviewed on Appeal
- Criminal – Prior bad acts
- Criminal – Murder – Postconviction forensic testing
- Criminal – DNA – Murder
- New trial denied despite DNA evidence
- Criminal – Sex trafficking – Hearsay – Coventurer exemption
- Sex trafficking victim’s hearsay statements admissible
- Search and seizure – Independent source doctrine
- Negligence – Psychiatric care – Minor
- Insurance – Title – Subrogation
- Summary judgment wrongly granted in easement dispute
- Real property – Easement – Adverse possession – Gate
- Education – University – Harassment prevention order
- Slashed punitive award against city gets second look
- Civil service – Drug testing – Police
- Damages – Punitive damages – G.L.c. 151B
- Judge must revisit reduction of punitives vs. city of Boston
- Boston Police improperly bypassed candidate due to hair testing, SJC rules
- Search and seizure – Independent source doctrine
- Negligence – Emotional distress – Child trespasser
- Criminal – Murder
- Criminal – Assault and battery – Peremptory challenges
- Employment – State employee – Overtime – Wage Act
- Jury and jurors – Bias – Mistrial
- Jury and jurors – Peremptory challenges
- Civil practice – Default – Relief
- Criminal – Sentencing – Cocaine
- Arbitration – Equitable estoppel – FNRA
- Civil service – Assistant clerk-magistrate – Removal
- Tort – MTCA – Commitment – Rape
- Prisons – Solitary confinement – Mootness
- Criminal – Larceny – Subsidized housing
- Criminal – Safe harbor rule – Voluntary statements
- Jury and jurors – Redacted evidence
- Evidence – Hearsay – ‘Learned treatise’ exception – Internet
- Workers’ compensation – Policy rescission – Administrative exhaustion
- Prisons – Mootness – Special management units
- Criminal – G.L.c. 265, section13J(b)
- Search and seizure – Unlawful entry – Attenuation – Consent
- Criminal – Rape – Constructive force
- Landlord and tenant – Massport – Tax exemption
- Insurance – Severance – G.L.c. 176D
- Criminal – Murder – Ineffective assistance
- Criminal – Assault and battery upon a child – Care and custody
- Civil practice – Sex offender registration – Kidnapping
- Civil service – Assault pay – Correctional officer
- Judges – Recusal
- Products liability – Tobacco
- Criminal – Indecent assault and battery – Inconsistencies
- Consumer protection – G.L.c. 93A – Wrongful death
- Criminal – Murder – Ineffective assistance of counsel
- Real property – Eminent domain – BRA
- Criminal – Assault – G.L.c. 209A
- Criminal – Child rape – First complaint doctrine
- Criminal – Indigency – Appointment of counsel
- Criminal – Indigency – Appointment of counsel
- Criminal – Appointment of counsel – Indigency
- Insurance – Cooperation clause – Arbitration – Yacht
- Environmental – Release of diesel fuel – Notice to DEP
- Civil practice – Expert – Funds – Sex Offender Registry Board
- Arbitration – Community college position
- Criminal – Bail – Failure to appear
- Civil practice – Abuse of process – Damages
- Insurance – Employee dishonesty bonds
- Tort – Abuse of process – Malicious prosecution
- Employment – Discrimination – Breach of contract
Articles about the judge, quoting the judge, etc.
- Appeals Court revives owner’s bid to move barn off historic Nantucket site
- New rule announced for preserving appellate rights
- Assisted living facility not liable for resident’s death
- Judge can disregard jury findings on 93A
- Man relieved of duty to register as sex offender
- Woman who cared for aunt and uncle shut out of will
- Driver pulls out of exit into other car
- Tobacco company is liable under 93A
- Associate’s date-rape suit vs. Bingham heads to trial
- Owners’ personal assets at stake in fatal fall case
- College faculty job deemed not arbitrable
- Associate’s suit against Bingham set for trial
- 93A claim yields $6.7 million in fatal fall case
- Motorist sustains ankle fracture in collision
- Customer falls in car lot, sustains mild brain injury – Defendants argued snow and ice on lot were from natural accumulation
- Law school refuses to waive course for student with ADD – Defendant had offered a 'quiet room' and extra exam time
- Lawyer's attachment of opposing client's property in divorce OK
- Attorney fails to prosecute client's case – Defendant had led client to believe her case was still alive
- Attorney fails to advise clients on new business transaction – Defendant's actions caused plaintiffs to close prior business
- Patient Suffers Nerve Damage After Getting Injection In Arm – Jury Instructions Disputed By Both Sides; Settlement Ensues
- Anesthesia Results In Problems, Death For Elderly Woman – Consent Form Had Not Been Signed By Plaintiff's Decedent
- Wine Spoils Waiting For Labels To Arrive
- Attorney's Rejection Of Male Clients Was Improper
- Lawyer Needn't Release Client's Escrow Funds
- Judge Blocks Lynn Firefighter Layoffs
- Top 10 Jury Verdicts 2002
- Negligence & Tort – Buckling Siding On Home — Defense Verdict
- Contract – Breach – Foreign Royalties – Published Biography – Holocaust Survivor
- Forfeiture – Civil Asset Forfeiture – Suspected Drug Dealers
- Contract – Indemnification — Cross- Claim — Payment Of Settlement — Underlying Personal Injury — Defense Verdict
- Negligence & Tort – 'Trap Machine' Malfunction — Gun Club — Defense Verdict
- Employment – Alleged Age Discrimination – Defense Verdict
