Appeals Court Opinions

Full text of the opinion in Liz L. v. Ursel U, released by the Massachusetts Appeals Court on September 15, 2026.

Landlord violated consumer protection act by failing to timely repair defective screens and door lock. Violation of sanitary code regulation constitutes per se unfair practice; extenuating circumstances do not excuse statutory violation.

Physician's whistleblower and public policy claims survive summary judgment where hospital restricted his expert testimony about Ehlers-Danlos Syndrome diagnoses.

Care and protection petition properly belongs in Juvenile Court despite pending custody action in Probate and Family Court, as the two proceedings serve distinct purposes and provide different remedies.

Alcoholic beverage licensing statute permits but does not mandate revocation of certificates and licenses for vertical integration violations; commission retains discretion to impose lesser sanctions.

Foreclosure by entry completed, but sole shareholder omitted mortgage from bankruptcy schedules. Judicial estoppel barred mortgagee from obtaining new certificate of title on registered land.

Insured denied MedPay benefits for medical expenses already paid by health insurance. Court affirmed denial, finding policy nonduplication clause consistent with Massachusetts insurance statutes.

DNA evidence admitted through substitute analysts violated defendant's confrontation rights; conviction vacated where evidence was not harmless beyond reasonable doubt.

Summary process statute permits successive action despite prior dismissal for procedural defect; claim preclusion doctrine does not apply to bar second eviction action.

Police officer with treatment-resistant PVCs denied accidental disability benefits. Court holds PVCs constitute heart disease under the heart law presumption.