Aurora Loan Services, LLC v. Murphy (Lawyers Weekly No. 11-186-15)
Foreclosure void when notice of default fails to inform borrower of right to bring court action in nonjudicial foreclosure state.
Appeals Court Opinions
Commonwealth v. Johnson (Lawyers Weekly No. 11-185-15)
Police stop justified in immediate aftermath of shooting when suspect's proximity, time, location, and concealment efforts create reasonable suspicion despite imprecise description.
Boston edvelopment Authority v. Pham, et al. (Lawyers Weekly No. 11-184-15)
Affordable housing unit owner who frequently traveled for work but maintained unit as principal residence did not violate occupancy restrictions. Sharing unit with roommates who paid portion of costs not prohibited leasing.
Commonwealth v. Coutu (Lawyers Weekly No. 11-183-15)
Reversed convictions for attempt to burn property and assault by dangerous weapon; affirmed remaining rape and robbery convictions; affirmed DNA testing order.
Commonwealth v. Hardin (Lawyers Weekly No. 11-182-15)
Appellate court reverses dismissal of breaking and entering and larceny charges; remands to municipal court rather than affirming on defendant's alternative ground of facial complaint deficiency raised only on appeal.
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.
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.