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.
Appeals Court Opinions
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.
Passero v. Fitzsimmons, et al. (Lawyers Weekly No. 11-105-17)
Trustees breached fiduciary duty by paying fifteen years of storage fees from beneficiary's trust share without authorization and withholding accounts. Court affirmed removal but vacated successor trustee appointments and distribution orders.
Holland v. Kantrovitz & Kantrovitz LLP, et al. (Lawyers Weekly No. 11-104-17)
Lawyer's failure to file personal injury suit before statute of limitations expired. Reversed summary judgment dismissing legal malpractice claim where bankruptcy occurred.
Malden Police Patrolman’s Association v. City of Malden (Lawyers Weekly No. 11-103-17)
Court reverses summary judgment on Wage Act claim for unpaid police detail pay, remanding to determine whether compensation was due under Wage Act or municipal finance law depending on whether work was performed for city or third parties.
Commonwealth v. Moore (Lawyers Weekly No. 11-102-17)
High-speed police chase through rush-hour traffic, red-light intersection crash killing driver. Murder conviction affirmed; third-prong malice established.
M.M. v. Doucette (Lawyers Weekly No. 11-101-17)
Defendant entitled to new hearing on permanent abuse prevention order after claiming lack of notice and filing motion to be heard.