Wells Fargo Bank, N.A. v. Comeau (Lawyers Weekly No. 11-143-17)
Bank cannot use equitable subrogation to impose on surviving spouse an obligation to pay husband's refinanced mortgage when she was neither party to the note nor the new mortgage.
Lawyers
Brangan v. Commonwealth (Lawyers Weekly No. 10-185-17)
Double jeopardy does not bar retrial after mistrial when sufficient evidence supports guilt and prosecutor misconduct, though serious, does not constitute knowing misrepresentation warranting dismissal.
135 Wells Avenue, LLC v. Housing Appeals Committee, et al. (Lawyers Weekly No. 10-184-17)
Restrictive covenant owned by city is property interest beyond zoning board's authority to modify under affordable housing statute, even when covenant prevents affordable housing development.
Braintree Property Associates, LP v. Marzouki, et al. (Lawyers Weekly No. 09-038-17)
Commercial landlord awarded summary judgment for unpaid rent and damages against abandoning tenant and two guarantors; lease relieved landlord of mitigation duty.
Clairmont, et al. v. Amer Sports Winter & Outdoor Company, et al. (Lawyers Weekly No. 09-039-17)
Plaintiff failed to provide expert evidence that speed laces on hiking boots were defectively designed or that a safer alternative existed.
Moses v. Mitchell, et al. (Lawyers Weekly No. 09-040-17)
Inmate's disciplinary conviction reversed where hearing officer denied request to call only witness with direct knowledge of alleged misconduct, providing only conclusory three-word explanation contrary to regulations.
Care and Protection of a Minor (Lawyers Weekly No. 10-182-17)
Father seeks relief from care and protection proceeding denial; late appeal motion denied. Affirmed, finding no abuse of discretion.
Commonwealth v. Shipps (Lawyers Weekly No. 10-183-17)
Murder conviction upheld. Defendant's motion to stay gatekeeper application pending transcript completion was properly denied where he had ample time and sufficient materials to file a comprehensive application.
Deal, et al. v. Commissioner of Correction (Lawyers Weekly No. 10-180-17)
Juvenile homicide offenders have statutory right not to be categorically barred from minimum security placement. Court remanded, requiring detailed override code explanations and mandatory hearing recordings.
Benjamin B., a juvenile v. Commonwealth (Lawyers Weekly No. 10-181-17)
Juvenile's petition for extraordinary review of judge's decision to reinstate arraignment and vacate expungement order denied; loss of privacy protections in typical juvenile proceeding insufficient for interlocutory review.