J.S.H. v. J.S. (Lawyers Weekly No. 11-019-17)
Expungement of harassment prevention orders available only upon clear showing of fraud on court, not mere conflicting testimony about email content.
Appeals Court Opinions
Doe v. American Guaranty and Liability Co., et al. (Lawyers Weekly No. 11-018-17)
Attorney-client privilege waived when client sues for legal malpractice; information used to defend malpractice action was substantively relevant to underlying case.
Commonwealth v. Unitt (and six companion cases) (Lawyers Weekly No. 11-017-17)
Bail forfeiture reversed where defendants satisfied bail conditions with no default. Judge lacked authority to forfeit and apply bail to restitution without proper evidentiary hearing.
Fazio v. Fazio (Lawyers Weekly No. 11-016-17)
Court affirmed property division in divorce but vacated temporary child support orders lacking required findings of deviation from guidelines.
Coren-Hall v. Massachusetts Bay Transportation Authority (Lawyers Weekly No. 11-015-17)
Tort claim against MBTA dismissed for failure to present claim to executive officer within statutory period, despite agency's investigation and settlement offers to other plaintiffs.
Koines, et al. v. Zoning Board of Appeals of Cohasset, et al. (Lawyers Weekly No. 11-014-17)
Zoning board properly interpreted local bylaw to afford grandfather protection to nonconforming lot held in common ownership despite merger doctrine.
Commonwealth v. Tradition (North America) Inc. v. Jampel, et al. (Lawyers Weekly No. 11-013-17)
Contribution claims barred when settlement with Commonwealth did not release joint tortfeasors. Other tort claims survive dismissal despite statute of limitations concerns.
Sullivan, et al. v. Connolly, et al. (Lawyers Weekly No. 11-012-17)
In a medical malpractice and wrongful death case arising from an infant's death following delayed cesarean section, the Appeals Court affirmed the defendants' verdict and rejected the parents' claims of judicial bias.
Adoption of Uday (Lawyers Weekly No. 11-011-17)
Court affirmed termination of parental rights despite ICWA notice questions and inadequate services, finding father unfit based on violent history and child's complex needs.
Barrasso v. New Century Mortgage Corporation, et al. (Lawyers Weekly No. 11-010-17)
Homeowner's quiet title action against mortgagees fails; estoppel bars challenge to first mortgage after loan modification; genuine factual disputes preclude summary judgment for second mortgagee.