I.S.H. v. M.D.B. (Lawyers Weekly No. 11-056-13)
Reversed and remanded. Paternity judgment against nonresident father lacks validity where trial judge failed to find personal jurisdiction existed, relying instead on waiver theories.
Appeals Court Opinions
Adoption of Norbert (and a companion case) (Lawyers Weekly No. 11-055-13)
Mother appealed termination of parental rights and dispensing with consent to adoption. Court affirmed despite judge's excessive questioning of witnesses, finding no due process violation.
Devlin v. Commonwealth (Lawyers Weekly No. 11-053-13)
Civil commitment facility resident assaulted by criminal inmate trustee. Commonwealth liable for violating statutory duty to house civilly committed separately from convicted criminals.
Commonwealth v. Dumas (Lawyers Weekly No. 11-054-13)
Affirmed convictions for rape and sexual assault where defendant exploited victim's religious beliefs about ancestral spirits to coerce submission through constructive force.
J.M. Hollister, LLC v. Architectural Access Board (Lawyers Weekly No. 11-052-13)
Architectural Access Board properly required all entrances to store be accessible to disabled persons, rejecting retailer's argument that multiple doorways constituted one entrance.
T. Butera Auburn, LLC, et al. v. Williams, et al. (and a companion case) (Lawyers Weekly No. 11-051-13)
Appeals court affirms jury verdicts for breach of contract and consumer protection violations in veterinary practice sale dispute, requiring doubling of all damages.
Commonwealth v. Davis (Lawyers Weekly No. 11-050-13)
Drug trafficking conviction reversed due to harmless-error analysis of unconstitutionally admitted drug certificates, despite circumstantial evidence. Wiretap warrant issues affirmed.
Weber v. Coast to Coast Medical, Inc., et al. (Lawyers Weekly No. 11-049-13)
Unpaid sales commissions constitute "wages" under the Massachusetts Wage Act, triggering mandatory treble damages and attorney's fees.
M.D. v. Department of Developmental Services, et al. (Lawyers Weekly No. 11-047-13)
Transfer of intellectually disabled resident between state institutions upheld where substantial evidence supports finding of improved services and quality of life.
M.A.K. v. Department of Developmental Services, et al. (Lawyers Weekly No. 11-048-13)
DDS violated its own regulations requiring guardian participation in placement decisions by refusing to reschedule a critical meeting and proceeding without the guardian present.