Cooper v. Keto (Lawyers Weekly No. 11-083-13)
Father contractually bound by silence to college expenses but contempt finding reversed due to ambiguity in divorce judgment language.
Appeals Court Opinions
Mostyn v. Department of Environmental Protection, et al. (Lawyers Weekly No. 11-081-13)
DEP properly approved seasonal kayak storage on a degraded coastal dune where strict performance standards would be met through replanting and monitoring over three years.
Commonwealth v. Correia (Lawyers Weekly No. 11-080-13)
Off-duty trooper's delivery of citation to defendant two days after violation, at end of trooper's first shift after returning to work, was timely under General Laws c. 90C, § 2.
Commonwealth v. Brown (Lawyers Weekly No. 11-079-13)
Defendant's statements during field sobriety test attempt were admissible because they resulted from his voluntary participation, not governmental compulsion, despite being testimonial.
Commonwealth v. Quinn (Lawyers Weekly No. 11-077-13)
Affirmed conviction for child rape. Therapist's testimony did not improperly vouch for victim's credibility. Rape shield statute precluded evidence of victim's pregnancy at disclosure.
Sears, Roebuck & Co., et al. v. Commissioner of Revenue (Lawyers Weekly No. 11-078-13)
Retailers cannot claim bad debt tax relief when a third-party bank extends credit and absorbs defaults, leaving the retailers unharmed.
Dow v. Casale (Lawyers Weekly No. 11-076-13)
Massachusetts Wage Act applies to nonresident employee based on choice-of-law analysis examining totality of employment relationship contacts with Massachusetts.
Commonwealth v. Holmes (Lawyers Weekly No. 11-075-13)
Prisoner entitled to credit for time served on vacated conviction against unrelated later sentence, absent banking concerns or double counting.
Moore v. Town of Billerica (Lawyers Weekly No. 11-073-13)
Municipality immune from liability for child injured by baseball at playground; failure to extend protective netting not negligent maintenance under tort claims act.
Adoption of Cecily (Lawyers Weekly No. 11-074-13)
Parental rights terminated where mother witnessed father's abuse of infant but failed to protect her and refused to acknowledge evidence of inflicted injuries.