Union, et al. v. Bloomberg, et al. (Lawyers Weekly No. 11-181-15)
Condominium trust must comply with settlement agreement requiring landscaping improvements to common areas despite statutory restrictions on declarant spending and improvements.
Appeals Court Opinions
Mack v. Wells Fargo Bank, N.A., et al. (Lawyers Weekly No. 11-180-15)
Litigation privilege immunizes attorney from consumer protection and civil rights claims arising from foreclosure conduct undertaken in connection with pending lawsuit, but does not protect auction company.
R.M. Packer Co., Inc. v. Marmik, LLC, et al. (Lawyers Weekly No. 11-179-15)
Environmental cleanup liability. Affirmed fee award where plaintiff's contribution demand was unreasonable despite defendant's clear blamelessness for spill.
Seales v. Boston Housing Authority (Lawyers Weekly No. 11-178-15)
Housing authority properly terminated Section 8 benefits based on police report finding drugs in participant's apartment during arrest of intruder.
Commonwealth v. Blanchard (Lawyers Weekly No. 11-177-15)
Affirmed conviction where judge properly remedied jury exposure to excluded materials by impounding initial verdicts and ordering fresh deliberations.
Aquacultural Research Corporation, et al. v. Austin, et al. (Lawyers Weekly No. 11-176-15)
Wind turbine permit appeal becomes moot when applicant grants conservation restriction prohibiting turbine construction. Court vacates all unreviewed decisions.
Moronta v. Nationstar Mortgage, LLC, et al. (Lawyers Weekly No. 11-175-15)
Borrower's Chapter 93A claim against lender for originating predatory refinance mortgage with adjustable rate and massive balloon payment survives summary judgment despite not meeting all traditional predatory loan criteria.
Commonwealth v. Everett (Lawyers Weekly No. 11-174-15)
Judge lacked authority to dismiss valid criminal complaint based on sympathetic circumstances. Prosecution discretion belongs to executive branch, not judiciary.
H.P. Hood LLC v. Allianz Global Risks US Insurance Company (Lawyers Weekly No. 11-173-15)
Insurer properly denied coverage for destroyed product where defect in bottle caps fell within policy exclusion for faulty material and workmanship.
Brissette v. Ryan, et al. (Lawyers Weekly No. 11-172-15)
Attorney's negligent Medicaid planning advice deprived clients of valuable life estate in property. Loss of legal rights to alienate and control property constitutes actual damages.