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.
Appeals Court Opinions
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.
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.