U.S. Bank National Association v. Bolling (Lawyers Weekly No. 11-116-16)
Defendant lacks standing to challenge mortgage assignment for procedural noncompliance with pooling and servicing agreement. Massachusetts law governs.
Association
Santos v. U.S. Bank National Association, et al. (Lawyers Weekly No. 11-081-16)
Affirmed dismissal of § 35A claim under res judicata and summary judgment on HAMP-based negligence claim where no duty of care exists.
Plymouth Public Schools v. Education Association of Plymouth & Carver, et al. (Lawyers Weekly No. 11-077-16)
Whether a teacher's maternity leave interrupted her service for purposes of professional teacher status is an arbitrable question, not a judicial one.
Federal National Mortgage Association v. Rego, et al. (Lawyers Weekly No. 10-069-16)
Mortgagee's attorneys may conduct foreclosure without separate written authorization. Housing Court may hear consumer protection counterclaims in summary process if they affect possession rights.
Burbank Apartments Tenant Association, et al. v. Kargman, et al. (Lawyers Weekly No. 10-051-16)
Fair housing disparate impact claim survives motion to dismiss in principle, but fails on pleadings when owner's compliance with Section 8 regulations actually increased subsidy eligibility.
Drummer Boy Homes Association, Inc. v. Britton, et al. (Lawyers Weekly No. 10-043-16)
Condominium association may file successive actions to establish multiple priority liens over first mortgage for unpaid common expenses spanning successive six-month periods.
Kilnapp Enterprises, Inc. v. Massachusetts State Automobile Dealers Association, et al. (Lawyers Weekly No. 11-030-16)
Defamation claim by detailing broker against trade association and attorney for published warnings to members about DOL investigation dismissed as conditionally privileged and substantially true.
Sewall-Marshal Condominium Association v. 131 Sewall Avenue Condominium Association (Lawyers Weekly No. 11-022-16)
Parking agreement between neighboring condominiums enforced as valid contract despite condominium statute claims and unconscionability defense.
Hickey v. Pathways Association, Inc., et al. (Lawyers Weekly No. 10-161-15)
Registered land owners seeking to quiet title to private way must yield to easement rights held by inland lot owners where land registration documents show developers intended to retain fee and grant access to later purchasers.
City of Springfield v. Local Union No. 648, International Association of Firefighters, AFL-CIO (Lawyers Weekly No. 11-107-15)
Arbitrator properly awarded back pay for employees unlawfully assigned to acting positions in violation of civil service law and collective bargaining agreement.