Souza, petitioner (Lawyers Weekly No. 11-024-15)
Commonwealth provided sufficient evidence of sexual dangerousness for jury consideration; trial judge erred in directing verdict and in limiting jury's reliance on expert testimony.
Appeals Court Opinions
Murray v. Super (Lawyers Weekly No. 11-022-15)
Relocation denial affirmed; child support modification vacated and remanded. Custodial parent's personal advantage does not override children's best interests in removal cases.
Flaherty v. Sheriff of Suffolk County, et al. (Lawyers Weekly No. 11-023-15)
Correction officer entitled to assault pay throughout workers' compensation period, even after retirement. Three-year statute of limitations bars only payments more than three years before suit.
Aviksis, et al. v. Murray, et al. (Lawyers Weekly No. 11-021-15)
Guarantor of tenant's lease obligations cannot recover attorney's fees under residential lease fee-shifting statute, which applies only to tenants.
Mooney v. Warren (Lawyers Weekly No. 11-020-15)
Appeal from order denying motion to dismiss on res judicata grounds dismissed as premature. Res judicata is not a doctrine of present execution.
Celco Construction Corp. v. Town of Avon (Lawyers Weekly No. 11-019-15)
Contractor bidding $0.01 per cubic yard for rock removal fails to obtain equitable adjustment when actual rock quantity exceeds estimate, despite statutory protection for unknown site conditions.
Skawski, et al. v. Greenfield Investors Property Development, LLC (Lawyers Weekly No. 11-018-15)
Housing Court lacks jurisdiction over permit appeals involving large-scale development projects covered by G.L. c. 185, § 3A.
Drummey, et al. v. Town of Falmouth, et al. (Lawyers Weekly No. 11-017-15)
Town must obtain special permit from zoning board before operating wind turbine on municipal property; specific by-law provisions requiring permits govern over general municipal use exemptions.
City of Worcester v. Civil Service Commission (Lawyers Weekly No. 11-016-15)
Tenured employee cannot be fired for refusing to testify at pretermination hearing; statute designed to protect employee, not enlarge employer's removal powers.
DeMayo v. Quinn (Lawyers Weekly No. 11-015-15)
Harassment prevention order vacated where conduct was willful and malicious but not aimed at specific person.