South Boston Elderly Residences, Inc. v. Moynahan (Lawyers Weekly No. 11-054-17)
Tenant's counterclaims for habitability breach, retaliation, and consumer protection violations following eviction for unpaid rent.
Appeals Court Opinions
Commonwealth v. Lopez (Lawyers Weekly No. 11-056-17)
Operating a moped without a license does not violate statute prohibiting motor vehicle operation with suspended license; rule of lenity applies.
South Boston Elderly Residences, Inc. v. Moynahan (Lawyers Weekly No. 11-054-17)
Landlord breached implied warranty of habitability by failing to remedy moisture and ventilation problems. Retaliation presumption not rebutted by clear and convincing evidence. Damages must account for tenant's actual harm, not average sensibility.
Commonwealth v. Driscoll (Lawyers Weekly No. 11-055-17)
Affirmed insurance fraud conviction where defendant falsely claimed to have struck a moose to invoke comprehensive coverage. Reversed attempted larceny conviction due to insufficient jury instructions.
Comeau’s Case (Lawyers Weekly No. 11-053-17)
Interest on unpaid workers' compensation benefits accrues from the filing date of the claim that led to an award, not an earlier terminated claim.
Commonwealth v. Baker (Lawyers Weekly No. 11-052-17)
Sobriety checkpoint constitutional despite minor operational plan deviations where none introduced discretion into vehicle stops.
Cape Cod Collaborative v. Director of the Department of Unemployment Assistance, et al. (Lawyers Weekly No. 11-051-17)
School bus driver entitled to partial unemployment benefits for days off during Thanksgiving recess when the week did not commence during the holiday period.
Commonwealth v. Baker (Lawyers Weekly No. 11-052-17)
Deviations from sobriety checkpoint operational plan do not render roadblock unconstitutional if they introduce no arbitrariness into vehicle screening.
Adoption of Bianca (Lawyers Weekly No. 11-050-17)
Termination of parental rights affirmed where mother's substance abuse and father's domestic violence endangered child; adoption plan chosen over guardianship for stability.
Skye v. Hession (Lawyers Weekly No. 11-049-17)
Quitclaim deed reserving life estate and special power of appointment valid where remainder interests conveyed were defeasible and limited by the reserved power from inception.