Martinez Rivera et al. v. Commerce Insurance Company, et al. (Lawyers Weekly No. 11-101-13)
Consumer Protection Act damages for insurer's bad faith delay in settling claim; recoverable tort expenses and interest rate on wrongfully withheld funds.
Appeals Court Opinions
Barnes v. Devlin (Lawyers Weekly No. 11-102-13)
Father liable for contempt when he unilaterally stopped paying child support obligations he voluntarily agreed to, notwithstanding statutory conditions.
Timperio v. Zoning Board of Appeals of Weston, et al. (Lawyers Weekly No. 11-103-13)
Zoning board properly applied common-law merger doctrine to combine nonconforming lots held in common ownership after subsequent zoning amendments, despite earlier board finding that one lot retained separate status.
Department of Correction v. Massachusetts Correction Officers Federated Union, et al. (Lawyers Weekly No. 11-104-13)
Correctional officer lacks standing to appeal vacation of arbitration award where he executed waiver and is not party to collective bargaining agreement.
Commonwealth v. Feeney (Lawyers Weekly No. 11-098-13)
Appeals court reversed suppression of defendant's statements identifying cell phone after Miranda waiver, holding police ruse not dispositive.
W.A. Wilde Company, Inc. v. Board of Assessors of Holliston (Lawyers Weekly No. 11-095-13)
Statute requiring assessors to prove assessed value in certain circumstances applies only when board previously made affirmative determination of fair cash value.
Commonwealth v. Huggins (Lawyers Weekly No. 11-096-13)
Affirmed. Defendant cannot challenge probable cause after conviction. Motion to dismiss complaint decided from complaint application without hearing unless Commonwealth consents.
Welch v. Barach, et al. (Lawyers Weekly No. 11-097-13)
Hedge fund investor's omission claim fails; 1999 landlord-tenant dispute too remote and personal to constitute material fact affecting investment decision under securities act.
Cannonball Fund, Ltd., et al. v. Dutchess Capital Management, LLC, et al. (Lawyers Weekly No. 11-094-13)
Savings statute applies to voluntary dismissals made because plaintiff reasonably expected court would dismiss for lack of personal jurisdiction.
McLaughlin v. City of Lowell (Lawyers Weekly No. 11-093-13)
Fire captain denied reinstatement after split medical panel decision affirmed; discrimination claims fail because he is not a qualified handicapped person under statutory scheme.