DeCroteau v. DeCroteau, et al. (Lawyers Weekly No. 11-175-16)
Shareholder lacks standing to assert corporate claims and failed to establish equitable interest in funeral home property through rent payments alone.
Appeals Court Opinions
Sullivan v. Smith (Lawyers Weekly No. 11-174-16)
Massachusetts court affirmed child support judgment against nonresident father under UIFSA, finding continuing personal jurisdiction based on father's prior paternity acknowledgment and voluntary appearance.
McIsaac v. Porter (Lawyers Weekly No. 11-172-16)
Abuse prevention order may be made permanent based on victim's reasonable fear arising from past serious physical harm, not requiring fear of imminent harm.
Commonwealth v. Palacios (Lawyers Weekly No. 11-171-16)
OUI conviction affirmed where ambulance and hospital records documenting alcohol consumption were properly admitted and operation sufficiently proven.
P.F. v. Department of Revenue (Lawyers Weekly No. 11-170-16)
Incarcerated payor's child support modification appeal. Court vacates denial of downward modification where judge improperly attributed income and deviated from statutory guidelines.
Creedon v. Haynes (Lawyers Weekly No. 11-169-16)
Father's contempt judgment for failing to designate children as life insurance beneficiaries was announced but never formally entered; second judge improperly dismissed it on mootness grounds.
Commonwealth v. Dancy (Lawyers Weekly No. 11-168-16)
Conviction under firearms penalty enhancement statute reversed where defendant acquitted of required predicate offense.
Commonwealth v. Long (Lawyers Weekly No. 11-167-16)
Homeowner paid deposit for home improvement work including windows. Defendant performed minimal work and abandoned job. Conviction for larceny by false pretenses reversed; insufficient evidence of intent to defraud at time of agreement.
Service Employees International Union, Local 509 v. Department of Mental Health, et al. (Lawyers Weekly No. 11-180-16)
Void privatization contracts cannot spawn valid renewal contracts immune from challenge, though renewal contracts are ordinarily exempt from Pacheco Law requirements.
Rosen v. Rosen (Lawyers Weekly No. 11-166-16)
Father entitled to equitable credit for direct support of child who moved into his home, despite statutory bar on retroactive child support modification absent pending complaint.