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Appeals – Mandamus – Default warrant
Where a petitioner sought mandamus relief from the issuance of a default warrant, the decision to default the petitioner and issue a warrant was discretionary in nature, so relief in the nature of mandamus is not appropriate.
Real property – Harbormasters – Mandamus
Where a plaintiff, claiming to have rights to the flats, shores and uplands of Pigeon Cove Harbor in Rockport, has asserted a mandamus claim against the defendant Harbormaster of Rockport […]
Criminal – Change of venue – Mandamus
Where a petitioner has filed a second mandamus petition seeking a change of venue, a U.S. District Court decision denying the petition must be affirmed because the petitioner is unable […]
Criminal – Mandamus – Change of venue – Jury selection
Where a defendant whose second motion for a change of venue was denied has applied for a writ of mandamus and has filed an emergency motion to stay jury selection […]
Zoning – Mandamus – Building permit
Where a plaintiff has brought an action in mandamus to require the Douglas Building Commissioner to order the removal of a house on an undersized lot, the plaintiff’s request must […]
Appeals – Mandamus – Mootness
Where a single justice dismissed a petition for a writ of mandamus, the petition is not, so the dismissal order must be affirmed.
Appeals – Mandamus
Where a single justice denied a request for relief in the nature of mandamus, the denial was proper given other available remedies.
Appeals – Mandamus – Appointment of counsel
Where a petitioner convicted of murder filed a mandamus petition challenging (1) a decision by the Committee for Public Counsel Services not to appoint counsel and (2) the trial judge's denial of his motion for appointment of counsel, a single justice properly denied relief.
Zoning – Mandamus – Enforcement letter
Where plaintiffs who are seeking a halt to construction on land in Newton have added a mandamus count, the plaintiffs are entitled to relief in the form of mandamus given the building commissioner's failure to respond to their letter requesting that he enforce the city zoning ordinance.
Appeals – Mandamus
Where a petitioner sought relief in the nature of mandamus under G.L.c. 249, section5, a single justice did not err in denying that request.
Appeals – Mandamus
Where a single justice denied a petitioner's request for relief in the nature of mandamus under G.L.c. 249, section5, there was no basis for granting the requested relief.
Appeals – Mandamus
Where a petitioner, who could have sought leave to appeal from the denial of his motion for appointment of counsel, his mandamus petition or both, petitioned for a writ of mandamus, a single justice did not abuse her discretion in denying the petition given that other relief is available.
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
