Schultz v. Tilley, et al. (Lawyers Weekly No. 11-061-17)
Insurance application language regarding dog's bite history and prior losses held ambiguous; honest answers under reasonable interpretations are not material misrepresentations.
Appeals Court Opinions
Federal National Mortgage Association v. Gordon, et al. (Lawyers Weekly No. 11-060-17)
Appeals Court reversed judgment for Fannie Mae in residential trespass action, holding postforeclosure owner barred from suing occupants in actual possession and failed to prove constructive possession.
Commonwealth v. Valentin (Lawyers Weekly No. 11-058-17)
Defendant's conviction for stalking and assault upheld. Forfeiture by wrongdoing doctrine properly applied to admit unavailable witness's hearsay statements where defendant intentionally procured unavailability through threats and pressure.
Emery v. Sturtevant (Lawyers Weekly No. 11-059-17)
Former head of school who resigned and conducted extensive job search cannot be subject to income attribution based on prior salary when he secured comparable employment within his field.
O’Gara v. St. Germain (Lawyers Weekly No. 11-057-17)
Reporting suspected restraining order violation to police constitutes protected petitioning activity under anti-SLAPP statute, even though criminal charges were later dismissed.
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.
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.