McIsaac v. Porter (Lawyers Weekly No. 11-172-16)
Abuse prevention order may be made permanent based on victim's reasonable fear arising from past serious physical harm, not requiring fear of imminent harm.
Lawyers
Murby, et al. v. Children’s Hospital Corporation (Lawyers Weekly No. 12-166-16)
Court dismisses as moot lawsuit challenging hospital's construction of new clinical building. Department of Public Health approval of determination of need application rendered claims moot; separate administrative appeal is proper forum.
Commonwealth v. Palacios (Lawyers Weekly No. 11-171-16)
OUI conviction affirmed where ambulance and hospital records documenting alcohol consumption were properly admitted and operation sufficiently proven.
Abrano, et al. v. Abrano, et al. (Lawyers Weekly No. 12-163-16)
Derivative shareholders challenged dismissal of claims that founder violated settlement agreement by continuing company control. Court denied dismissal motion due to investigative conflicts and inadequate inquiry.
Hillside FXF, LLC, et al. v. Premier Design + Build Group, LLC, et al. (Lawyers Weekly No. 12-164-16)
Court splits indemnification and defense duties in construction subcontract. Indemnification clauses violating section 29C void; duty to defend survives and is enforceable.
P.F. v. Department of Revenue (Lawyers Weekly No. 11-170-16)
Incarcerated payor's child support modification appeal. Court vacates denial of downward modification where judge improperly attributed income and deviated from statutory guidelines.
Creedon v. Haynes (Lawyers Weekly No. 11-169-16)
Father's contempt judgment for failing to designate children as life insurance beneficiaries was announced but never formally entered; second judge improperly dismissed it on mootness grounds.
Commonwealth v. Hardin (Lawyers Weekly No. 10-185-16)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of…
Noble, et al. v. Collias, et al. (Lawyers Weekly No. 12-160-16)
Court denies summary judgment on securities fraud and misrepresentation claims where defendants' knowledge and plaintiffs' reliance remain factual disputes for jury resolution.
Cumberland Farms, Inc. v. Tenacity Construction, Inc. (Lawyers Weekly No. 12-161-16)
Construction contractor's claim for equitable adjustment of contract price for winter-related productivity losses barred by express no-damages-for-delay clause.