Becker v. Phelps (Lawyers Weekly No. 11-098-14)
Wife's alimony obligations did not automatically terminate when husband remarried under Alimony Reform Act where parties agreed surviving agreement was not modifiable.
Weekly
Kewley v. Department of Elementary and Secondary Education, et al. (Lawyers Weekly No. 11-099-14)
Appeals court affirmed that new licensing board for speech-language pathologists could require board licensure despite preexisting DESE license.
Hazel’s Cup and Saucer, LLC v. Around the Globe Travel, Inc. (Lawyers Weekly No. 11-100-14)
Class action properly certified under TCPA for unsolicited fax advertisements. Judge erred denying certification based on disproportionality of statutory damages to actual harm.
Commonwealth v. Wright (Lawyers Weekly No. 10-146-14)
Murder conviction affirmed despite newly discovered third-party culprit evidence from alleged confession, because the evidence did not create substantial risk jury would reach different verdict.
Nautical Tours, Inc. v. Department of Public Utilities (Lawyers Weekly No. 10-147-14)
Department of Public Utilities lacked jurisdiction to issue municipal street license for amphibious sightseeing vehicles; Boston police commissioner has exclusive authority under special statute.
Barrow v. Dartmouth House Nursing Home, Inc., et al. (Lawyers Weekly No. 11-095-14)
Arbitration agreement signed by son on mother's behalf during nursing home admission unenforceable without explicit authorization.
Commonwealth v. Gonzalez (Lawyers Weekly No. 10-144-14)
Murder conviction vacated where jury instructions failed to permit consideration of defendant's intoxication regarding extreme atrocity or cruelty element.
Commonwealth v. Vacher (Lawyers Weekly No. 10-145-14)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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…
Lowell v. Talcott, et al. v. Hunnewell, et al. (Lawyers Weekly No. 11-096-14)
Woman born during mother's marriage seeks trust benefits as great-grandchild. Court holds legitimacy status, not paternity, controls beneficiary status for 1951 wills.
Zimmerling v. Affinity Financial Corporatiopn, et al. (Lawyers Weekly No. 11-097-14)
Security interests in escrowed funds are not extinguished by transfer from deposit account where transferee holds only conditional equitable interest, not legal title or completed transfer.