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Criminal – Lack of prosecution
Where a criminal complaint charging a defendant with possession of heroin with intent to distribute and possession of omeprazole was dismissed for lack of prosecution because the commonwealth “refused a court order to bring the alleged drugs in” for a hearing on a motion to suppress, the judge abused his discretion both by deeming the commonwealth’s conduct a failure to prosecute and by refu[...]
Attorneys notch trifecta of wins vs. Barnstable board
Appeals Court reverses Barnstable rulings in three pier permit cases, citing overreach by conservation commission beyond wetlands law authority.
Environmental – Walkway – Seasonal float
Where (1) a plaintiff sought approval from the conservation commission of Barnstable to replace a walkway and (2) the commission approved the application but imposed conditions on the use of an existing seasonal float that was connected to the walkway by a seasonal ramp, the commission exceeded its authority by imposing conditions on the use of the float that were unrelated to the scope of the pro[...]
Appeals Court strikes down support order in alimony dispute
Appeals Court says judge wrongly denied alimony by misapplying the Cavanagh framework and considering child support when assessing spousal need.
Domestic relations – Alimony – Child support
Where a judge declined to award alimony to a divorced mother and ordered the father to pay weekly child support of $650, the judge erred in considering the availability of child support for purposes of determining the mother's need for alimony.
Civil practice – Commitment – Medical director
Where the medical director of Bridgewater State Hospital filed a civil commitment petition, the medical director of Bridgewater had the authority to file the petition under G.L.c. 123, §18(a), so it was not error for a Superior Court judge to hear the §18(a) petition.
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
