Will contestant overcomes capacity presumption; burden shifts to proponents. Trial judge properly found encephalopathy and medications rendered testator unable to understand will provisions.
Affirmed custody award, abuse prevention order, and invalidity of prenuptial agreement; vacated overly broad removal provision requiring remand for evidentiary hearing.
Insurance company must exhaust administrative remedies before seeking rescission of workers' compensation policy in Superior Court while employee's claim is pending at DIA.
Hospital liable for assault by interpreter when employment facilitated harmful access to vulnerable patient; foreseeability assessed from employment duties, not prior conduct.
Defendant convicted of assault and battery under joint venture theory for shooting incident. Affirmed despite weak link between defendant and murder weapon; defendant forfeited objection by stating no objection at trial.
Convictions affirmed for caregiver whose elderly mother died of sepsis from neglected decubitus ulcers. Evidence of recklessness and non-duplicative convictions under two elder abuse statutes upheld.
Public tidelands classification survives transfer to private ownership absent legislative action. Department's interpretation of Commonwealth tidelands regulations upheld.
Single buyer-seller drug transaction insufficient to prove conspiracy to distribute cocaine; agreement to sell to third parties required.
Insurer in liquidation sought reimbursement for second injury benefits. Trust fund refused payment after run-off period began. Primary jurisdiction doctrine required administrative determination of statutory interpretation.
Insurer in liquidation cannot claim COLA reimbursements without having collected and transmitted required employer assessments to the workers' compensation trust fund.
