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Employment – Overtime – On-call hours
Where a trial judge determined that a plaintiff was an on-call employee and therefore not entitled to overtime pay pursuant to G.L.c. 151, §1A, there was no error in the trial court’s finding that the plaintiff’s on-call hours were not compensable.
Civil practice – Service of process
Where a commercial tenant has filed an appeal challenging the denial of its motion for relief from judgment and motion to dismiss the landlord’s summary process complaint, both motions should have been allowed because the landlord did not fulfill its service obligations pursuant to Rule 4(d)(2) of the Massachusetts Rules of Civil Procedure.
Prisons – Transfer – Inpatient psychiatric facility
Where a prisoner’s petition requesting a transfer to a suitable inpatient psychiatric facility was denied, there is no evidence that the judge abused his discretion in denying the petition.
Landlord and tenant – Commercial lease – Damages
Where a commercial tenant was awarded damages in the amount of $12,850, the damages award must be vacated “as a windfall for a tenant who never paid the rent in question.”
Civil practice – Commitment – Substituted judgment
Where a judge issued an order of substituted judgment, the order should be vacated on procedural grounds.
Contract – P&S agreement – Fees
Where a seller of a rental property has filed an appeal challenging a judgment in favor of the buyer, the judgment should be affirmed despite the seller’s argument that the parties’ purchase and sale agreement required the buyer to pay the fees incurred during a summary process action regarding a holdover tenant.
Civil practice – Commitment – Substituted judgment
Where a respondent has challenged a commitment order and an order of substituted judgment, the commitment order was supported by sufficient evidence of a very substantial risk of harm, but the order of substituted judgment should be vacated to the extent that it that authorized antipsychotics other than Seroquel.
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
