Patriot Power, LLC v. New Rounder, LLC, et al. (Lawyers Weekly No. 11-027-17)
Party seeking to terminate lease bears burden of proving it properly exercised termination option when lease automatically renews unless timely notice given.
Appeals Court Opinions
Patriot Power, LLC v. New Rounder, LLC, et al. (Lawyers Weekly No. 11-027-17)
Tenant must prove it satisfied lease termination requirement when contract automatically renews unless party takes affirmative steps to end it.
Commonwealth v. Abdul-Alim (Lawyers Weekly No. 11-026-17)
Defendant's wife provided reliable tip about his firearm possession. Police had probable cause to arrest defendant based on wife's information and corroborating details. Search lawful under probable cause.
Brady, et al. v. Citizens Union Savings Bank, et al. (Lawyers Weekly No. 11-025-17)
Court affirms fee award to trustees defending litigation brought by beneficiary, rejecting arguments that fees were unreasonable or excessive relative to trust assets.
AM Properties, LLC v. J&W Summit Ave, LLC (Lawyers Weekly No. 11-024-17)
Court affirms adverse possession claim where tenant's six-year use could be tacked to owner's subsequent fourteen-year possession, totaling twenty years of actual, open, exclusive, nonpermissive use.
Ramirez v. Commerce Insurance Company (Lawyers Weekly No. 11-022-17)
Third-party claimant cannot recover sales tax damages on total loss automobile without proving he purchased a replacement vehicle and paid tax.
Ramirez v. Commerce Insurance Company (Lawyers Weekly No. 11-022-17)
Insurer properly denied sales tax reimbursement where claimant retained totaled vehicle and purchased no replacement, requiring proof of actual tax incurred.
The Gillette Company v. Provost, et al. (Lawyers Weekly No. 11-023-17)
Anti-SLAPP protections and litigation privilege do not bar counterclaims alleging a company filed a baseless lawsuit to prevent competition.
C.E.R. v. P.C., et al. (Lawyers Weekly No. 11-021-17)
Landlord's harassment prevention orders against tenants vacated. Conduct did not meet statute's three-act threshold.
BourgeoisWhite, LLP v. Sterling Lion, LLC, et al. (Lawyers Weekly No. 11-020-17)
Law firm cannot revoke professional courtesy credits previously written off to client after representation ends, as credits constituted express waiver under contract law and fiduciary duty principles.