Dever v. Ward, et al. (Lawyers Weekly No. 11-114-17)
Anti-SLAPP motion to dismiss granted where defendants reported plaintiff's threatening calls to police and presented evidence in arbitration; remanded under augmented Blanchard framework.
Appeals Court Opinions
Ceruolo v. Garcia, et al. (Lawyers Weekly No. 11-115-17)
Court reverses default judgment, applying good cause standard rather than excusable neglect, and remands for proceedings on amended pleading.
A.P. v. M.T. (Lawyers Weekly No. 11-113-17)
Juvenile harassment prevention order against eight-year-old boy for indecent assault and battery on four-year-old girl affirmed where evidence showed child returned home partially clothed, distressed, and muddy after supervised play with defendant.
Cort v. Majors (Lawyers Weekly No. 11-112-17)
Tenant properly demanded jury trial in answer to eviction case. Judge commenced bench trial without obtaining written or oral stipulation to waive jury right. Judgment vacated.
Valente v. TB Bank, N.A. (Lawyers Weekly No. 11-117-17)
Bank customer cannot sue for negligence over forged checks if notice not given within one year of account statement under UCC.
Cesso v. Todd (Lawyers Weekly No. 11-110-17)
Attorney-client relationship continuance after formal withdrawal disputed. Malpractice claim survives summary judgment despite notice of withdrawal, but misrepresentation claim dismissed.
Van Liew v. Eliopoulos v. Hands on Technology Transfer, Inc., et al. (Lawyers Weekly No. 11-109-17)
Appeals Court affirms 2.9 million dollar defamation judgment against business owner who published false statements accusing selectman of ethics violations and illegal conduct.
New Bedford Educators Association v. Chairman of the Massachusetts Board of Elementary and Secondary Education, et al. (and two consolidated cases) (Lawyers Weekly No. 11-108-17)
Teachers' unions lacked standing to challenge turnaround plans for underperforming schools; the statute's duties run to students, not unions.
Athanasiou, et al. v. Board of Selectmen of Westhampton, et al. (Lawyers Weekly No. 11-107-17)
Town acquired prescriptive easement over private roadway and adjacent land through more than twenty years of continuous public use and municipal maintenance.
Zelby Holdings, Inc. v. Videogenix, Inc. (Lawyers Weekly No. 11-106-17)
Partial payment rule applies to six-year statute of limitations for promissory notes under UCC; payment resets limitations period.