Lalchandani v. Roddy (Lawyers Weekly No. 11-003-15)
Former husband cannot use Alimony Reform Act to reduce alimony from surviving separation agreement when parties expressly agreed the agreement would not be modifiable.
Appeals Court Opinions
Commonwealth v. Navarro (Lawyers Weekly No. 11-166-14)
Defendant convicted of armed robbery, home invasion, and kidnapping. Court affirmed, finding adequate identification instructions, no ineffective assistance of counsel, and properly admitted testimony.
Vedensky v. Vedensky (Lawyers Weekly No. 11-167-14)
Divorce modification; alimony award upheld in principle but vacated on remand because judge improperly attributed wife's second-job income without applying statutory presumptions.
In the Matter of the Estate of Rosen (and a companion case) (Lawyers Weekly No. 11-165-14)
Probate contestant challenges will on testamentary capacity grounds; court affirms, finding decedent possessed requisite capacity despite terminal illness and medical records showing some confusion.
Mendonca v. Civil Service Commission, et al. (Lawyers Weekly No. 11-162-14)
Disabled veteran's layoff upheld by Civil Service Commission despite preference statute. Court reverses, finding inconsistent reasoning and insufficient evidence that veteran lacked qualifications.
Passatempo, et al. v. McMenimen, et al. (Lawyers Weekly No. 11-160-14)
Affirmed judgment finding insurance company vicariously liable for broker's fraud under Consumer Protection Act; statute of limitations tolling and attorney's fees upheld.
Commonwealth v. Foster F., a juvenile (Lawyers Weekly No. 11-159-14)
Reversed adjudication of juvenile indecent assault and battery due to improper admission of unauthenticated Facebook messages and entire SAIN interview transcript containing inadmissible character evidence.
Commonwealth v. Velez (Lawyers Weekly No. 11-158-14)
Defendant entitled to credit for pretrial detention on failure to register charge held on that bail, but not for earlier detention on unrelated assault and larceny charges.
Commonwealth v. Chamberlin (Lawyers Weekly No. 11-157-14)
Court affirmed convictions where phone records were voluntarily disclosed, no-knock warrant properly executed, plain view seizure satisfied inadvertence requirement, and voice identifications were reliable.
Karaa, et al. v. Yim, et al. (Lawyers Weekly No. 11-156-14)
Landlords violated security deposit law by commingling funds but returned the deposit before litigation. Treble damages did not apply where tenants offered deposit as compensation for their own breach.