Emery v. Sturtevant (Lawyers Weekly No. 11-059-17)
Former head of school who resigned and conducted extensive job search cannot be subject to income attribution based on prior salary when he secured comparable employment within his field.
Lawyers
Federal National Mortgage Association v. Marroquin, et al. (Lawyers Weekly No. 10-074-17)
Foreclosure notice must strictly comply with mortgage terms. Pinti rule applies to trial-court cases where issue fairly raised before decision issued.
Commonwealth v. Rosario (Lawyers Weekly No. 10-075-17)
Conviction overturned where defendant likely suffered delirium tremens during coercive interrogation and new fire science evidence provided alternative theory to arson.
O’Gara v. St. Germain (Lawyers Weekly No. 11-057-17)
Reporting suspected restraining order violation to police constitutes protected petitioning activity under anti-SLAPP statute, even though criminal charges were later dismissed.
South Boston Elderly Residences, Inc. v. Moynahan (Lawyers Weekly No. 11-054-17)
Tenant's counterclaims for habitability breach, retaliation, and consumer protection violations following eviction for unpaid rent.
Commonwealth v. Lopez (Lawyers Weekly No. 11-056-17)
Operating a moped without a license does not violate statute prohibiting motor vehicle operation with suspended license; rule of lenity applies.
A.L. Prime Energy Consultant, Inc. v. Massachusetts Bay Transportation Authority (Lawyers Weekly No. 12-052-17)
Whether government agency can terminate procurement contract solely to buy same goods cheaper elsewhere using termination for convenience clause.
Commonwealth v. Garvey (Lawyers Weekly No. 10-073-17)
Habitual offender statute requires two prior convictions to arise from separate criminal episodes. Grand jury did not hear evidence supporting separate incidents.
South Boston Elderly Residences, Inc. v. Moynahan (Lawyers Weekly No. 11-054-17)
Landlord breached implied warranty of habitability by failing to remedy moisture and ventilation problems. Retaliation presumption not rebutted by clear and convincing evidence. Damages must account for tenant's actual harm, not average sensibility.
Commonwealth v. Driscoll (Lawyers Weekly No. 11-055-17)
Affirmed insurance fraud conviction where defendant falsely claimed to have struck a moose to invoke comprehensive coverage. Reversed attempted larceny conviction due to insufficient jury instructions.