I.S.H. v. M.D.B. (Lawyers Weekly No. 11-056-13)
Reversed and remanded. Paternity judgment against nonresident father lacks validity where trial judge failed to find personal jurisdiction existed, relying instead on waiver theories.
Weekly
275 Washington Street Corp. v. Hudson River International, LLC, et al. (Lawyers Weekly No. 10-071-13)
Indemnification clause in commercial lease does not permit recovery of posttermination damages until end of original lease term unless lease specifically provides otherwise.
McCabe v. Commissioner of Correction (Lawyers Weekly No. 10-070-13)
Single justice properly exercised discretion in transferring McCabe's application from county court to Superior Court, consolidating it with his related action there.
Adoption of Norbert (and a companion case) (Lawyers Weekly No. 11-055-13)
Mother appealed termination of parental rights and dispensing with consent to adoption. Court affirmed despite judge's excessive questioning of witnesses, finding no due process violation.
Commonwealth v. F.W. (Lawyers Weekly No. 10-069-13)
Adult half-sister may vicariously consent to recording vulnerable child's communications with alleged abuser under federal wiretap statute's consent exception.
Devlin v. Commonwealth (Lawyers Weekly No. 11-053-13)
Civil commitment facility resident assaulted by criminal inmate trustee. Commonwealth liable for violating statutory duty to house civilly committed separately from convicted criminals.
Commonwealth v. Dumas (Lawyers Weekly No. 11-054-13)
Affirmed convictions for rape and sexual assault where defendant exploited victim's religious beliefs about ancestral spirits to coerce submission through constructive force.
J.M. Hollister, LLC v. Architectural Access Board (Lawyers Weekly No. 11-052-13)
Architectural Access Board properly required all entrances to store be accessible to disabled persons, rejecting retailer's argument that multiple doorways constituted one entrance.
T. Butera Auburn, LLC, et al. v. Williams, et al. (and a companion case) (Lawyers Weekly No. 11-051-13)
Appeals court affirms jury verdicts for breach of contract and consumer protection violations in veterinary practice sale dispute, requiring doubling of all damages.
In the Matter of Gustafson, Lauren (Lawyers Weekly No. 10-067-13)
Attorney suspended six months for practicing law while administratively suspended and failing to cooperate with bar discipline investigation. Affirmed.