Bakwin v. Mardirosian, et al. (Lawyers Weekly No. 10-060-14)
UFTA violation; fraudulent transfers of family assets; remedies discretion; protection of nondebtor spouse interests in jointly held property; money judgment for dissipated assets.
Weekly
Commonwealth v. Abrahams (Lawyers Weekly No. 11-034-14)
DNA evidence admissible where defendant remained in custody despite end of sentence when blood sample was collected.
Holmes v. Holmes (Lawyers Weekly No. 10-061-14)
Temporary alimony paid pending divorce is separate from general term alimony; its duration does not count toward the statutory maximum under the Alimony Reform Act.
Retirement Board of Somerville v. Buonomo, et al. (Lawyers Weekly No. 10-062-14)
Pension forfeiture under Massachusetts law is not limited to crimes related to the office from which benefits are being paid.
Commonwealth v. Sealy (Lawyers Weekly No. 10-059-14)
Defendant convicted of rape could not obtain victim's counseling records on speculation they might support his consent defense based on alleged immigration motive to fabricate.
Loring Towers Associates v. Furtick v. Boston Housing Authority (Lawyers Weekly No. 11-033-14)
Housing authority improperly terminated Section 8 benefits without fair process; third-party complaint proper in eviction case; reinstated retroactively.
Moe, et al. v. Sex Offender Registry Board (Lawyers Weekly No. 10-058-14)
Court invalidates retroactive application of law requiring Internet publication of level two sex offender registry information to those classified before amendment's effective date, finding violation of due process.
Commonwealth v. Whitehead (Lawyers Weekly No. 11-032-14)
Officer justified in frisking student and searching backpack on college campus based on ammunition in vehicle, threatening decals, camouflage attire, and aggressive posture.
Town of Hanover v. New England Regional Council of Carpenters (Lawyers Weekly No. 10-057-14)
Labor union that supported taxpayer litigation against town engaged in protected petitioning activity under anti-SLAPP statute despite not being named party.
Commonwealth v. Wallace (Lawyers Weekly No. 11-031-14)
Murder defendants indicted 2002, charged 2010, challenged delay. Court reversed dismissal, finding defendants failed to assert speedy trial rights and suffered no prejudice.