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Bankruptcy – Judicial estoppel – Collateral estoppel
Where plaintiffs have requested a determination that the debts owed to them are excepted from discharge under 11 U.S.C. §523(a)(4) based on the debtor’s criminal larceny conviction under G.L.c. 266, §30(1), the plaintiffs should be granted summary judgment in light of a stipulation made by the debtor.
Tort – Malicious prosecution – Collateral estoppel
Where (1) a plaintiff brought a claim for malicious prosecution and (2) the defendants were awarded summary judgment on the ground that the plaintiff was collaterally estopped from relitigating the issue of prosecutorial misconduct, that judgment should be affirmed because the plaintiff has conceded the identity of issues element and has waived his new argument that the defendants failed to establ[...]
Criminal – Collateral estoppel – Due process
Where (1) a police officer applied for a criminal complaint in the District Court in 2020, alleging that the defendant had possessed a loaded firearm while intoxicated in violation of G.L.c. 269, §10H, (2) a clerk-magistrate denied the application, (3) in 2023, the same officer filed a new application for criminal complaint for the same offense supported by the same facts, and (4) a different cle[...]
Post-denial criminal complaint not barred by collateral estoppel
A police officer whose request for a criminal complaint in District Court was denied by a clerk-magistrate was not barred from later filing a new application for the same offense supported by the same facts, the Supreme Judicial Court has ruled.
Civil practice – Collateral estoppel
Where a complaint was dismissed under the doctrine of collateral estoppel, the dismissal judgment must be vacated because the prongs of claim preclusion and issue preclusion have not been satisfied. […]
Contract – Home improvement – Collateral estoppel
Where (1) a homeowner obtained a $5,000 judgment in a small claims action in District Court against a contractor who performed landscaping and construction work and (2) the contractor has […]
Criminal – Double jeopardy – Collateral estoppel
Where a defendant moved to dismiss a perjury charge after he was acquitted of murder, the motion should have been denied because the defendant failed to meet his burden of […]
Patent and trademark – Invalidation – Collateral estoppel
Where a plaintiff has charged a defendant with infringement of its patents, dismissal under the doctrine of collateral estoppel is appropriate as to the plaintiff’s claims based on three patents […]
Bankruptcy – Arbitration – Collateral estoppel
Where a plaintiff obtained an arbitration award over home renovation work performed by a defendant Chapter 7 debtor, the plaintiff is not entitled to summary judgment on the basis of […]
Bankruptcy – Nondischargeability – Collateral estoppel
Where a plaintiff has requested a determination that a debt owed to him by two defendant debtors for conversion of recording studio equipment is excepted from discharge pursuant to 11 […]
Criminal – Probation – Collateral estoppel
Where a probation revocation proceeding was resolved in favor of a defendant, principles of collateral estoppel bar a second probation revocation proceeding in another county based on the same charged […]
Bankruptcy – Mortgage – Collateral estoppel
Where a mortgage lender has moved to dismiss a debtor’s adversary complaint, the doctrine of collateral estoppel precludes the debtor from relitigating her claims related to a mortgage and the […]
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
