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.
Appeals Court Opinions
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.
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.
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.