Kelso v. Kelso (Lawyers Weekly No. 11-107-14)
Former spouses' tort claims following divorce are not barred by claim or issue preclusion merely because related conduct was considered in the divorce proceedings.
Appeals Court Opinions
Litchfield’s Case (Lawyers Weekly No. 11-106-14)
Worker injured on job receives compensation for physical injuries and resulting psychiatric disability through standard physical impairment ratings; separate psychiatric impairment rating denied.
Commonwealth v. Alves (Lawyers Weekly No. 11-104-14)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of…
Rose, et al. v. Highway Equipment Company v. Splaine (Lawyers Weekly No. 11-105-14)
Appeals Court affirmed judgment for equipment manufacturer in injury case, finding jury instructions on unreasonable use affirmative defense were sufficient.
Commonwealth v. Forbes (Lawyers Weekly No. 11-103-14)
Affirmed mayhem conviction where defendant bit off substantial ear portion; vacated duplicative assault and battery conviction.
Commonwealth v. Dale (Lawyers Weekly No. 11-101-14)
First complaint testimony admissible despite victim's failure to remember making the complaint; discrepancies in memory go to weight, not admissibility.
Commonwealth v. Malick (and a companion case) (Lawyers Weekly No. 11-102-14)
Vacated and remanded probation revocation order; affirmed denial of sentence revision motion. Criminal restitution serves penal goals beyond victim compensation.
Becker v. Phelps (Lawyers Weekly No. 11-098-14)
Wife's alimony obligations did not automatically terminate when husband remarried under Alimony Reform Act where parties agreed surviving agreement was not modifiable.
Kewley v. Department of Elementary and Secondary Education, et al. (Lawyers Weekly No. 11-099-14)
Appeals court affirmed that new licensing board for speech-language pathologists could require board licensure despite preexisting DESE license.
Hazel’s Cup and Saucer, LLC v. Around the Globe Travel, Inc. (Lawyers Weekly No. 11-100-14)
Class action properly certified under TCPA for unsolicited fax advertisements. Judge erred denying certification based on disproportionality of statutory damages to actual harm.