Adoption of Zak (Lawyers Weekly No. 11-065-15)
Affirmed termination of parental rights based on pattern of domestic violence; affirmed denial of family placement; vacated and remanded visitation orders for findings on domestic violence impact.
Appeals Court Opinions
Commonwealth v. Moniz (Lawyers Weekly No. 11-064-15)
Affirmed convictions for rape and assault with intent to rape based on constructive force theory where childhood sexual abuse continued after victim reached sixteen.
Commonwealth v. Elliott (Lawyers Weekly No. 11-063-15)
Rape and indecent assault conviction affirmed where joinder of twin victims' charges was proper, prosecutor's closing argument did not improperly comment on defendant's silence, and hearing accommodation accommodations were adequate.
Preferred Mutual Insurance Company v. Vermont Mutual Insurance Company, et al. (Lawyers Weekly No. 11-062-15)
Insurance coverage dispute involving homeowner and commercial policies. Court held Vermont Mutual must defend and indemnify homeowner's adult son despite business exclusion; Preferred Mutual must share defense costs.
Conway v. CLC Bio, LLC (Lawyers Weekly No. 11-061-15)
Employee challenges arbitration award denying Wage Act violation. Arbitrator had authority to interpret statute. Arbitration award affirmed.
Commonwealth v. Warren (Lawyers Weekly No. 11-060-15)
Affirmed conviction for carrying a firearm. Reasonable suspicion justified stop where defendant matched general description of burglary perpetrators, was nearby minutes after crime, and fled police twice.
Commonwealth v. Tavares (Lawyers Weekly No. 11-059-15)
Circumstantial evidence sufficiently established identity and knowledge in counterfeit currency case based on identical bills, proximity, timing, and consciousness of guilt.
Nantasket Beachfront Condominiums, LLC v. Hull Redevelopment Authority (Lawyers Weekly No. 11-058-15)
Developer in breach for failing to resume extension deposit payments after zoning appeal resolved. Authority's right to terminate and retain deposits upheld despite board member conflicts of interest.
Commonwealth v. Freeman (Lawyers Weekly No. 11-057-15)
Detective observed exchange of small object for money, preceded by suspect counting cash with known drug user in area with recent drug complaints.
Petriello v. Indresano (Lawyers Weekly No. 11-056-15)
Power of attorney grants standing to seek harassment order; but record lacks three specific acts of harassment required by statute.