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.
Appeals Court Opinions
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.
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.
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.