Ludwig v. Lamee-Ludwig (Lawyers Weekly No. 11-009-17)
Whether unvested stock options retained by employee-spouse under time rule can be included in alimony calculation without constituting double dipping.
Appeals Court Opinions
Commonwealth v. Fusi (Lawyers Weekly No. 11-008-17)
Reversed dismissal of sexually dangerous person petition; judge improperly rejected expert evidence at probable cause hearing.
V.J. v. N.J.(Lawyers Weekly No. 11-006-17)
Harassment prevention order affirmed where bus driver showed defendant's three-year pattern of unwanted advances, physical assault, verbal abuse, and threats to disrupt her bus route constituted harassment.
Perry v. Nemira, et al. (Lawyers Weekly No. 11-007-17)
Appeal from Land Court decision regarding easement rights and adverse possession involving three private rights of way connecting residential properties to public street.
Morgan v. Massachusetts Homeland Insurance Company (Lawyers Weekly No. 11-005-17)
Insurance company properly considered retail book value in calculating total loss settlement. No Consumer Protection Act violation where insurer used multiple valuation sources.
Adoption of Zak (and two companion cases) (Lawyers Weekly No. 11-004-17)
Parents retain standing to participate in remand hearing on posttermination visitation following termination of parental rights when visitation was part of original proceeding.
Commonwealth v. Cawthron (and three companion cases) (Lawyers Weekly No. 11-003-17)
Police witnessed suspected drug transaction in parking lot, approached defendants at their cars, separated them, and asked brief investigative questions. Encounter was Terry stop, not custodial interrogation requiring Miranda warnings.
Alves v. Massachusetts State Police, et al. (Lawyers Weekly No. 11-001-17)
Issue preclusion bars relitigation of probable cause findings from federal civil rights suit in subsequent state negligence action.
Commonwealth v. Antone (Lawyers Weekly No. 11-002-17)
Defendant convicted of cocaine trafficking after guilty plea denied motion to vacate based on chemist misconduct where substantial independent evidence and significant sentence reduction supported plea.
Commonwealth v. Doe (Lawyers Weekly No. 11-180-16)
Appeals court vacates denial of record sealing in case terminated by nolle prosequi, rejecting requirement defendant prove job rejection.