I.S.H. v. M.D.B. (Lawyers Weekly No. 11-056-13)
Reversed and remanded. Paternity judgment against nonresident father lacks validity where trial judge failed to find personal jurisdiction existed, relying instead on waiver theories.
Massachusetts Legal Resources
275 Washington Street Corp. v. Hudson River International, LLC, et al. (Lawyers Weekly No. 10-071-13)
Indemnification clause in commercial lease does not permit recovery of posttermination damages until end of original lease term unless lease specifically provides otherwise.
McCabe v. Commissioner of Correction (Lawyers Weekly No. 10-070-13)
Single justice properly exercised discretion in transferring McCabe's application from county court to Superior Court, consolidating it with his related action there.
Gov. Patrick Seeks Federal Relief for Businesses in Blast Zone
Gov. Deval Patrick appealed to a federal administration today to get relief for the business impacted by the Boston Marathon bombings. Patrick sent a letter to the U.S. Small Business Administration requesting that the administration issue an Economic Injury…
Adoption of Norbert (and a companion case) (Lawyers Weekly No. 11-055-13)
Mother appealed termination of parental rights and dispensing with consent to adoption. Court affirmed despite judge's excessive questioning of witnesses, finding no due process violation.
Commonwealth v. F.W. (Lawyers Weekly No. 10-069-13)
Adult half-sister may vicariously consent to recording vulnerable child's communications with alleged abuser under federal wiretap statute's consent exception.
Devlin v. Commonwealth (Lawyers Weekly No. 11-053-13)
Civil commitment facility resident assaulted by criminal inmate trustee. Commonwealth liable for violating statutory duty to house civilly committed separately from convicted criminals.
Commonwealth v. Dumas (Lawyers Weekly No. 11-054-13)
Affirmed convictions for rape and sexual assault where defendant exploited victim's religious beliefs about ancestral spirits to coerce submission through constructive force.
J.M. Hollister, LLC v. Architectural Access Board (Lawyers Weekly No. 11-052-13)
Architectural Access Board properly required all entrances to store be accessible to disabled persons, rejecting retailer's argument that multiple doorways constituted one entrance.
Three Arrested in New Bedford in Relation to Marathon Bombings
Three people with ties to the Boston Marathon bombing were arrested Friday night in New Bedford. Police arrested three suspects from the Hidden Brook Apartments on Carriage Drive in New Bedford, according to ABC6.com in Providence Friday…