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.
Appeals Court Opinions
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.
Barrow v. Dartmouth House Nursing Home, Inc., et al. (Lawyers Weekly No. 11-095-14)
Arbitration agreement signed by son on mother's behalf during nursing home admission unenforceable without explicit authorization.
Lowell v. Talcott, et al. v. Hunnewell, et al. (Lawyers Weekly No. 11-096-14)
Woman born during mother's marriage seeks trust benefits as great-grandchild. Court holds legitimacy status, not paternity, controls beneficiary status for 1951 wills.
Zimmerling v. Affinity Financial Corporatiopn, et al. (Lawyers Weekly No. 11-097-14)
Security interests in escrowed funds are not extinguished by transfer from deposit account where transferee holds only conditional equitable interest, not legal title or completed transfer.
Commonwealth v. Murphy (Lawyers Weekly No. 11-094-14)
Defendant convicted of breaking and entering and larceny challenged denial of postverdict hearing regarding juror's contact with trial witness. Court affirmed, finding no extraneous influence or bias.
M.B. v. J.B. (Lawyers Weekly No. 11-093-14)
Abuse prevention order affirmed where defendant waived venue objection through participation in prior proceedings and evidence showed reasonable fear based on harassment history.
Commonwealth v. Lopez (Lawyers Weekly No. 11-091-14)
Rape conviction affirmed where speedy trial delay was not unreasonable and nondisclosed DNA analyst emails were not material or prejudicial to defense.
Commonwealth v. Traylor (Lawyers Weekly No. 11-092-14)
Affirmed convictions for child abuse where separate indictments charged discrete injuries to child's body. Double jeopardy not violated by multiple punishments for each particularized bodily injury.
Commonwealth v. Bradshaw (Lawyers Weekly No. 11-090-14)
Affirmed convictions for indecent assault and battery on child and carrying dangerous weapon. Sexual attraction statement admissible to prove motive and intent; knife positioned accessibly during suspicious arrest meeting.