Silva v. Todisco Services, Inc. (Lawyers Weekly No. 09-027-18)
Unaccepted payment to named plaintiff does not moot class action; consumer class certified for Chapter 93A claims alleging unlawful towing surcharges.
Unaccepted payment to named plaintiff does not moot class action; consumer class certified for Chapter 93A claims alleging unlawful towing surcharges.
Court denies tow company's motion to dismiss overcharge lawsuit; DPU regulations required itemized information; Consumer Protection Act permits suit without administrative exhaustion.
Court denies towing company's motion to dismiss class action alleging overcharges for mileage and fuel surcharges imposed without required disclosures.
Insurer's duty to settle applies once liability and damages are reasonably clear. Owner's appeals kept damages uncertain, justifying insurer's delay.
Murder conviction affirmed where defendant jumped on victim's chest during woods robbery, breaking sternum and ribs, and DNA evidence linked defendant's seized sneakers to victim's blood.
Residents of state-funded facility assigned by agency placement lack family-like relationship needed to qualify as household members under abuse prevention statute.
Extraordinary relief under G.L. c. 211, § 3 unavailable when adequate remedy exists through direct appeal of contempt judgment in family law matter.