Santos v. U.S. Bank National Association, et al. (Lawyers Weekly No. 11-081-16)
Affirmed dismissal of § 35A claim under res judicata and summary judgment on HAMP-based negligence claim where no duty of care exists.
Appeals Court Opinions
West Beit Olam Cemetery Corporation v. Board of Assessors of Wayland (Lawyers Weekly No. 11-080-16)
Tax exemption for cemetery property denied where residential lease contractually restricted land use during the assessment year despite future cemetery development plans.
Commonwealth v. Christie (Lawyers Weekly No. 11-079-16)
Convictions reversed where prosecution improperly used evidence of same-sex adult pornography to prove sexual interest in child victim.
Commonwealth v. Balboni (and three companion cases) (Lawyers Weekly No. 11-078-16)
Affirmed convictions for malicious burning of property. Cellular location records properly obtained under probable cause standard; phone and credit card records properly admitted; evidence sufficient.
New England Survey Systems, Inc. v. Department of Industrial Accidents (Lawyers Weekly No. 11-076-16)
Debarment penalty for failure to maintain workers' compensation insurance applies automatically when stop work order issues, without requiring proof of employer intent to avoid premium payments.
Plymouth Public Schools v. Education Association of Plymouth & Carver, et al. (Lawyers Weekly No. 11-077-16)
Whether a teacher's maternity leave interrupted her service for purposes of professional teacher status is an arbitrable question, not a judicial one.
Commonwealth v. Tejeda (Lawyers Weekly No. 11-074-16)
Swallowing suspected heroin to prevent police seizure constitutes misleading a police officer under G.L. c. 268, § 13B.
DeMarco v. DeMarco (Lawyers Weekly No. 11-075-16)
Settlement agreement during divorce trial is binding despite subsequent clarification of law affecting alimony obligations. Reversed.
Melrose Fish and Game Club, Inc. v. Tennessee Gas Pipeline Company, LLC (Lawyers Weekly No. 11-073-16)
Fish and game club held easement by estoppel over paper street despite non-construction; pipeline facility blocking easement constitutes continuing trespass.
Eisai, Inc., et al. v. Housing Appeals Committee, et al. (Lawyers Weekly No. 11-072-16)
Property owners challenged comprehensive permit approval for affordable housing in industrial zone. Court held abutters had standing and Housing Appeals Committee properly weighed planning concerns against regional housing need.