In the Matter of: Haese, Glenn H. (Lawyers Weekly No. 10-084-14)
Attorney disbarred for converting client funds, misappropriating attorney fees, and obtaining loans by misrepresentation. Due process challenge to denial of continuance rejected.
Lawyers
Estate of Gavin v. Tewksbury State Hospital, et al. (Lawyers Weekly No. 10-082-14)
Estate's presentment of Tort Claims Act claim valid even though made before executor appointed; ordinary meaning of "claimant" governs.
New England Forestry Foundation, Inc. v. Board of Assessors of Hawley (Lawyers Weekly No. 10-083-14)
Nonprofit conservation organization qualifies for charitable property tax exemption on forest land where it actively conducts sustainable forestry and environmental protection, though public access not required.
American International Insurance Company v. Robert Seuffer GmbH & Co. KG (Lawyers Weekly No. 10-081-14)
Defendant forfeited personal jurisdiction defense by asserting it in answer but then actively litigating on merits for eighteen months without pursuing the defense.
Beacon South Station Associates, LSE v. Board of Assessors of Boston (Lawyers Weekly No. 11-048-14)
MBTA property leased to private lessee was exempt from taxation in 2009-2010. Statute's plain language and legislative purpose to alleviate transportation authority's financial burden protected all leased property.
Commonwealth v. Buswell (Lawyers Weekly No. 10-080-14)
Defendant convicted of enticement of child; attempted rape, assault, and dissemination convictions reversed for insufficient evidence of overt act and statutory definition.
Doe, et al. v. Acton-Boxborough Regional School District, et al. (Lawyers Weekly No. 10-078-14)
Pledge of Allegiance recitation in public schools does not violate state equal protection or antidiscrimination law when participation is entirely voluntary and all students are treated equally.
Wilkins v. City of Haverhill (Lawyers Weekly No. 10-079-14)
School negligence immunity statute applies only when land is open to the general public, not to discrete groups like parents attending conferences.
Commonwealth v. Martinez (Lawyers Weekly No. 11-046-14)
Home invasion statute applies to assault of non-occupant who entered dwelling after defendant; victim need not be resident.
Commonwealth v. Aspen (Lawyers Weekly No. 11-045-14)
Motion for new trial granted; appellate counsel ineffective for failing to raise Federico violation regarding impermissible credibility vouching by expert witness.