Free Newsletter
Attorney loses bid to revive claim he was defamed in social media post
The Appeals Court ruled a Facebook comment suggesting an attorney had someone else take the bar exam for him was rhetorical hyperbole, not actionable defamation.
Arbitration – Interim order
Where (1) a Superior Court judge refused to confirm an interim arbitration order in favor of the plaintiff, ruling as a matter of law that he lacked the authority to confirm an interim arbitration order, and (2) a single justice of the Appeals Court, concluding to the contrary that the Superior Court judge had such authority, remanded the matter to the Superior Court for the judge to decide whethe[...]
Criminal – Assault – Rifle
Where (1) a constable went to a defendant’s home attempting to serve him with papers relating to a divorce proceeding, (2) after responding angrily, the defendant obtained a rifle that he kept in the home and held it so that it pointed straight up and (3) the defendant was later convicted of assault by means of a dangerous weapon, the conviction should be affirmed because the defendant had no Se[...]
Search and seizure – Reasonable suspicion – Anonymous tip
Where a defendant was arrested after Boston police received an anonymous tip from a private citizen who purportedly witnessed a person waving a firearm while walking on a public way in broad daylight, the allowance of his motion to suppress should be affirmed because the reliability of the anonymous tip was not established and the tip did not describe criminal activity.
Appeals Court weighs ‘safe harbor’ defense in equal pay case
The Massachusetts Appeals Court may soon clarify how employers can use the MEPA safe harbor defense in equal pay cases like 'Woodward v. BORN.'
Criminal – Licensure – Joint venture
Where a defendant was charged with carrying a firearm without a license under a joint venture theory, it was error for the trial judge not to instruct the jurors that they needed to find that the coventurer lacked a license in order to convict the defendant.
Criminal – Ineffective assistance
Where (1) a defendant was convicted of breaking and entering in the nighttime with intent to commit a felony and (2) his subsequent motion for a new trial was denied, the defendant’s argument that trial counsel did not advise him of the immigration consequences of a conviction is foreclosed by Commonwealth v. Marinho, 464 Mass. 115, 128-130 (2013), but a remand is necessary for an evidentiary he[...]
Environmental – Earth removal bylaw – ‘Major purpose’
Where plaintiffs filed a complaint under G.L.c. 214, §7A, seeking to enjoin the defendants from violating the town of Carver's earth removal bylaw, a judge’s decision to dismiss the complaint should be vacated because the “major purpose” of the earth removal bylaw is to protect against damage to the environment, as that term is defined in §7A.
Landlord and tenant – Manufactured housing – Sewer expenses
Where the Chicopee Mobile Home Rent Control Board approved a manufactured housing park’s substantial across-the-board increase in rent charges because the park was required to connect its tenants to the Chicopee public sewer system, a remand is necessary for further evaluation of whether a betterment charge for the city's new pumping station constitutes a “reasonable operating expense” under[...]
Domestic relations – Jurisdiction – G.L.c. 209D, §2-204
Where a divorce judgment required the husband to make additional payments to the wife based on a percentage of future income from the husband's business ventures, that provision must be vacated because additional findings are required.
Zoning – Affordable housing – Safe harbor
Where applications for comprehensive permits under G.L.c. 40B were denied by the Braintree zoning board, a decision by the Housing Appeals Committee reversing the board should be affirmed because the town did not establish that it qualified for the 1.5 percent safe harbor, nor did the HAC err in rejecting the board's denials based upon open space and fire safety concerns.
Prejudgment interest based on award minus PIP offset
Appeals Court rules prejudgment interest in car crash case applies only to the verdict amount not covered by personal injury protection benefits.
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
