J.C. v. J.H. (Lawyers Weekly No. 11-119-17)
Harassment prevention order affirmed; firearms surrender provision vacated. Threatening texts, physical pursuit, and workplace confrontation constitute harassment despite First Amendment claim.
Weekly
Gallagher v. Cerebral Palsy of Massachusetts, Inc., et al. (Lawyers Weekly No. 11-117-17)
Personal care attendant cannot pursue wage claims against MassHealth fiscal intermediary that merely processes payroll and tax matters; consumer is the employer under applicable regulations.
Commonwealth v. Ecker (Lawyers Weekly No. 11-118-17)
Affirmed convictions for stalking and criminal harassment. Prison mail inspection reasonably related to legitimate penological interests. Malice does not require ill will or specific intent to harm.
Commonwealth v. Owens (Lawyers Weekly No. 11-116-17)
Officers conducting sting operation at suspected brothel justified in securing building from within to prevent evidence destruction while obtaining warrant.
Town of Chelmsford, et al. v. Newport Materials, LLC, et al. (Lawyers Weekly No. 12-126-17)
Town lacked standing to challenge neighboring town's asphalt plant permit where only alleged injury was speculative possibility of fire department emergency assistance under mutual aid agreement.
Dever v. Ward, et al. (Lawyers Weekly No. 11-114-17)
Anti-SLAPP motion to dismiss granted where defendants reported plaintiff's threatening calls to police and presented evidence in arbitration; remanded under augmented Blanchard framework.
Ceruolo v. Garcia, et al. (Lawyers Weekly No. 11-115-17)
Court reverses default judgment, applying good cause standard rather than excusable neglect, and remands for proceedings on amended pleading.
Patel v. Dammai, et al. (Lawyers Weekly No. 12-121-17)
Court reformed usurious promissory note to maximum lawful rate of 20% per annum under equitable doctrine when parties freely agreed to rate without knowing it violated usury statute.
Element Productions, Inc. v. EditBar, LLC, et al. (Lawyers Weekly No. 12-122-17)
Employee's motion to compel arbitration denied after more than one year of active litigation, counterclaims, discovery disputes, and court proceedings without mention of arbitration rights.
Smith-Berry, et al. v. National Amusements, Inc., et al. (Lawyers Weekly No. 12-123-17)
Movie theater employees claimed entitlement to premium Sunday and holiday pay. Court held no premium pay required for Sundays but affirmed claims for three designated holidays.