Silva v. Todisco Services, Inc. (Lawyers Weekly No. 12-006-17)
Court denies towing company's motion to dismiss class action alleging overcharges for mileage and fuel surcharges imposed without required disclosures.
Services
Padmanabhan v. Centers for Medicare & Medicaid Services (Lawyers Weekly No. 10-019-17)
Petition for stay of state court proceedings moot where trial court had already continued proceedings pending resolution of petitioner's federal appeal.
DeVito, et al. v. Longwood Security Services, Inc., et al. (Lawyers Weekly No. 12-169-16)
Unpaid meal breaks during which security officers remained on duty constitute compensable working time under the "relief from duties" test in Massachusetts regulations, not the federal "predominant benefit" standard.
Schubert v. Committee for Public Counsel Services (Lawyers Weekly No. 10-117-16)
Attorney's superintendence petition regarding fee dispute dismissals denied where direct appeal and interlocutory review provided adequate alternative remedies.
Winbrook Communications Services, Inc., et al. v. United States Liability Insurance Company (Lawyers Weekly No. 11-068-16)
Insurance coverage dispute involving a directors and officers policy. Court reversed summary judgment, finding genuine factual disputes about whether an exclusion applied despite insurer's breach of duty to defend.
N-Tek Construction Services, Inc. v. Hartford Fire Insurance Company (Lawyers Weekly No. 11-028-16)
Sub-subcontractor's email notice of unpaid work does not satisfy statutory notice requirement for payment bond claims when it fails to express intent to claim against the general contractor's bond.
Aurora Loan Services, LLC v. Murphy (Lawyers Weekly No. 11-186-15)
Foreclosure void when notice of default fails to inform borrower of right to bring court action in nonjudicial foreclosure state.
J.W. v. Department of Developmental Services, et al. (Lawyers Weekly No. 11-120-14)
Administrative review of transfer of intellectually disabled resident from closing state facility; scope of hearing officer's duty to consider alternative placements.
G.R. v. Department of Developmental Services, et al. (Lawyers Weekly No. 11-011-14)
Court affirmed transfer of severely disabled resident from closing facility to new facility where improved orientation and mobility services provided substantial evidence of benefit.
P.D. v. Department of Developmental Services, et al. (Lawyers Weekly No. 11-013-14)
Transfer of profoundly disabled individual from closing developmental center to smaller facility upheld where evidence showed improved recreational activities and continuity of familiar staff.